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Regina v Race Relations Board, Ex parte Selvarajan: CA 1975

Lord Denning MR said: ‘In recent years we have had to consider the procedure of many bodies who are required to make an investigation and form an opinion . . In all these cases it has been held that the investigating body is under a duty to act fairly: but that which fairness requires depends … Continue reading Regina v Race Relations Board, Ex parte Selvarajan: CA 1975

Cam v Matrix Service Development and Training Ltd (Race Discrimination): EAT 28 Aug 2013

EAT RACE DISCRIMINATION Racial harassment – Tribunal did not make a finding on the question of whether a fellow employee used the expression ‘white trash’ in his hearing, did not make findings on certain relevant aspects of section 3A of the Race Relations Act 1976 and did not deal with one aspect of the Claimant’s … Continue reading Cam v Matrix Service Development and Training Ltd (Race Discrimination): EAT 28 Aug 2013

Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions: HL 19 Jun 2003

The court considered whether discriminatory acts after the termination of employment were caught by the respective anti-discrimination Acts. The acts included a failure to give proper references. They pursued claims on the basis of victimisation after their primary discrimination claims. Held: The 1975 and 1976 Acts were similarly phrased and the wording in the 1995 … Continue reading Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions: HL 19 Jun 2003

Aluminium Industrie Vaassen B V v Romalpa Aluminium Ltd: CA 16 Jan 1976

The seller sold aluminium to the defendant, but included a clause under which they retained title in the materials sold, even if mixed in with manufactured goods, until they had been paid for the metal. The defendants appealed a finding that the receivers held the proceeds of sale of the manufactured goods on trust for … Continue reading Aluminium Industrie Vaassen B V v Romalpa Aluminium Ltd: CA 16 Jan 1976

Woodhouse v West North West Homes Leeds Ltd (Race Discrimination): EAT 5 Jun 2013

EAT RACE DISCRIMINATION – VictimisationThe judgment of this Tribunal in Martin v Devonshire Solicitors [2011] ICR 352 should not be used as a template into which to fit the factual aspects of a case in which victimisation was alleged. It related to exceptional circumstances and Employment Tribunals need to be cautious about regarding features such … Continue reading Woodhouse v West North West Homes Leeds Ltd (Race Discrimination): EAT 5 Jun 2013

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Khan v General Medical Council: EAT 24 Mar 1993

An Asian Doctor had repeatedly been refused full registration by the council. It was held that he could not bring a claim of indirect discrimination, because he had not exhausted his rights of appeal. An application for review under the Act gave sufficient opportunity of redress being by way of an independent hearing capable of … Continue reading Khan v General Medical Council: EAT 24 Mar 1993

Hallam and Another v Cheltenham Borough Council and Others: HL 27 Mar 2001

‘Aid’ under the section meant something more than mere helpfulness. The complainants arranged a wedding in premises owned by a defendant. The police respondents advised the owner that the wedding was for gypsies, whereupon the defendants unlawfully discriminated against the applicants. Nevertheless, the acts of the police did not go beyond an attempt to be … Continue reading Hallam and Another v Cheltenham Borough Council and Others: HL 27 Mar 2001

D Lowery and Chelsea Village Management Ltd v Omar M Said Ali: EAT 24 Nov 2000

The applicant had been dismissed with another. He claimed race discrimination. The employer appealed, saying that the tribunal’s award had been described in such a way as not to allow them to identify the various elements in the findings. Held: The Tribunal had failed properly to apply the test. They should, first have identified a … Continue reading D Lowery and Chelsea Village Management Ltd v Omar M Said Ali: EAT 24 Nov 2000

Burton and Another v De Vere Hotels: EAT 3 Oct 1996

Two black waitresses, clearing tables in the banqueting hall of a hotel, were made the butt of racist and sexist jibes by a guest speaker entertaining the assembled all-male company at a private dinner party. Held: The employer of the waitresses had racially discriminated against the waitresses. Had the assistant managers in charge for the … Continue reading Burton and Another v De Vere Hotels: EAT 3 Oct 1996

Bossa v Nordstress Ltd: EAT 13 Mar 1998

The defendant company had refused to employ the complainant at Heathrow on the basis that he was Italian, and relied upon exemptions in the 1976 Act. Held: A Statutory provision which permitted discrimination against a worker employed in Europe operated against the Treaty obligation to afford free movement of workers and is to be ignored. … Continue reading Bossa v Nordstress Ltd: EAT 13 Mar 1998

Regina v Commission for Racial Equality (ex parte Westminster City Council): QBD 1984

The council had dismissed a black road sweeper to whose appointment the trade union objected on racial grounds. Held: The council’s motive for doing so, to avert industrial action, could not avail them. Woolf J said: ‘In this case although the employer’s motives are wholly unobjectionable, he is clearly treating the black employee less favourably … Continue reading Regina v Commission for Racial Equality (ex parte Westminster City Council): QBD 1984

Lupetti v Wrens Old House Ltd: EAT 1984

The applicant was given notice on 3rd February 1983 terminating his employment on 28th February 1983. The question arose on appeal whether the date of the notice or the date when he left employment was the relevant date. Held: With a discriminatory dismissal, time does not run until the notice of dismissal has expired and … Continue reading Lupetti v Wrens Old House Ltd: EAT 1984

Zarcynska v Levy: EAT 1978

Judges: Kilner Brown J Citations: [1978] IRLR 532 Statutes: Race Relations Act 1976 Jurisdiction: England and Wales Cited by: Cited – Showboat Entertainment Centre v Owens EAT 28-Oct-1983 The employer had dismissed an employee who had refused to comply with a discriminatory instruction by the employer to exclude blacks from the employer’s amusement centre. The … Continue reading Zarcynska v Levy: EAT 1978

Irving and Irving v Post Office: CA 1987

The defendant’s employee disliked his neighbours – the plaintiffs. Whilst working in the sorting office, he wrote racially abusive materials on letters addressed to them. The plaintiffs appealed a finding that the defendant was not liable because the acts were not carried out as part of the employee’s work. Held: The test was whether the … Continue reading Irving and Irving v Post Office: CA 1987

Department of the Environment for Northern Ireland v Bone: 15 Sep 1993

The court was asked as to the meaning of ‘qualification’ when considered under the Act: ‘It is our view that the word ‘qualification’ itself and the other words in the definition viz ‘authority, recognition, registration, enrolment, approval and certification’ convey with reasonable clarity the idea of (a) some sort of status conferred on an employee … Continue reading Department of the Environment for Northern Ireland v Bone: 15 Sep 1993

Dr (Mrs) U A Uruakpa v Royal College of Veterinary Surgeons: EAT 18 Jun 2001

The applicant appealed an order striking out her complaint of race discrimination as hopeless. She sought recognition as a veterinary surgeon. Her claim had been dismissed because, under the section the College exercised a statutory power. She asserted that the regulations gave a wide discretion to the College to exempt individuals from all or part … Continue reading Dr (Mrs) U A Uruakpa v Royal College of Veterinary Surgeons: EAT 18 Jun 2001

TNT Express Worldwide (UK) Ltd v Brown: CA 18 Apr 2000

An employee pursuing a claim of racial discrimination against his employers requested time off to see his adviser on the claim. The company refused, he took the time off, and was later dismissed. Since the company normally allowed on short notice short periods of absence for domestic reasons, to refuse because he was pursuing a … Continue reading TNT Express Worldwide (UK) Ltd v Brown: CA 18 Apr 2000

Sawyer v Ahsam: CA 21 Sep 1999

A local councillor deselected for a forthcoming election by his political party had the capacity to claim racial discrimination in respect of the deselection, since the holding of office as a councillor could amount to engagement in a profession, and the political party had the power to confer the qualification by selection to go forward … Continue reading Sawyer v Ahsam: CA 21 Sep 1999

Nabadda and Others v Westminster City Council; Gomilsek v Haringey London Borough Council: CA 24 Feb 2000

Swedish students on vocational courses in the UK had received loans from their home country, but were denied the grants towards their course fees which were made to English students. They claimed race discrimination. Although the withholding of grants was an indirect discrimination, it fell outside the Act and was not actionable because the acts … Continue reading Nabadda and Others v Westminster City Council; Gomilsek v Haringey London Borough Council: CA 24 Feb 2000

Lewisham and Guys Mental Health NHS Trust v Andrews (Deceased): CA 28 Mar 2000

An action for damages for race discrimination survived the death of the complainant, and could be prosecuted by the complainant’s personal representatives. The statutes which applied were different from those in other discrimination cases. However the Law Reform (Miscellaneous Provisions) Act 1934 provided that any cause of action except defamation should survive the death of … Continue reading Lewisham and Guys Mental Health NHS Trust v Andrews (Deceased): CA 28 Mar 2000

Hallam and Another v Avery and Another: CA 7 Jan 2000

A Romany family booked a council hall for a wedding. Police later approached the council and made misleading assertions about the character of the family resulting in the imposition of additional conditions on the contract. There was however no evidence that the officers had acted in any overtly racist motive, but rather from a concern … Continue reading Hallam and Another v Avery and Another: CA 7 Jan 2000

Anyanwu and Another v South Bank Students’ Union and Another: CA 4 Nov 1999

A university was not acting in a racially discriminatory manner because of the acts of its student union in dismissing two workers after the university had itself expelled them as students. The term ‘knowingly aided’ in the Act was not to be read so widely. The expulsion by the applicants made the termination of employment … Continue reading Anyanwu and Another v South Bank Students’ Union and Another: CA 4 Nov 1999

ADT Fire and Security Plc v Speyer: EAT 15 Sep 2006

EAT Unfair dismissal and Race Relations Act 1976 Unfair dismissal – Exclusions including worker/jurisdiction Three cases were stayed pending the judgment of the House of Lords in Lawson v Serco [2006] ICR 250. The appeal in the British Council case was dismissed on withdrawal after the hearing and before the judgment. In ADT, the Employment … Continue reading ADT Fire and Security Plc v Speyer: EAT 15 Sep 2006

Lisk-Carew v Birmingham City Council Dr S Sharp: CA 25 Apr 2004

The claimant’s complaints of unfair dismissal and race discrimination had been dismissed, but a claim of victimisation had succeeded. Held: There was no inconsistency in the findings. In such a case, damages should be limited to the sum for injured feelings (in this case andpound;5,000). Judges: Kennedy, May, Hooper LJJ Citations: Times 07-Jun-2004, Gazette 20-May-2004 … Continue reading Lisk-Carew v Birmingham City Council Dr S Sharp: CA 25 Apr 2004

Lewisham and Guys Mental Health NHS Trust v Andrews: EAT 21 Apr 1999

A claim of damages for race discrimination did not survive the claimant’s death, and the estate cannot continue the claim. There is no statutory basis for such a survival, and it had not been intended by Parliament. This differs explicitly from other types of claims under general employment law, but is similar for sex discrimination. … Continue reading Lewisham and Guys Mental Health NHS Trust v Andrews: EAT 21 Apr 1999

Sougrin v Haringey Health Authority: CA 1992

The claimant alleged race discrimination arising out of a disputed grading and because it affected her pay she said it was a continuing act. Held: The court drew the distinction between a ‘one-off’ act of alleged racial discrimination and its continuing consequences for the appellant on the one hand, and the policy of such discrimination, … Continue reading Sougrin v Haringey Health Authority: CA 1992

Savjani v Inland Revenue Commissioners: CA 1981

The question arose as whether the Inland Revenue were concerned with the provision of services in their activities relating to the adminsitration of the taxation system, so as to bring them within section 20 of the 1976 Act. Held: They were providing services.Templeman LJ said: ‘The Race Relations Act 1976 undoubtedly poses and is continually … Continue reading Savjani v Inland Revenue Commissioners: CA 1981

Regina v Entry Clearance Officer, Bombay, Ex parte Amin: HL 1983

The House was asked whether the grant of special vouchers under the special voucher scheme introduced came within section 29 of the 1975 Act. Acts performed pursuant to a government function did not come within the meaning of service. Discrimination laws did not apply to acts done on behalf of the Crown which were of … Continue reading Regina v Entry Clearance Officer, Bombay, Ex parte Amin: HL 1983

Hounga v Allen and Another: SC 30 Jul 2014

The appellant, of Nigerian origin had been brought here at the age of 14 with false identity papers, and was put to work caring for the respondent’s children. In 2008 she was dismissed and ejected from the house. She brought proceedings alleging racial discrimination, but the only element of her claim which succeeded was of … Continue reading Hounga v Allen and Another: SC 30 Jul 2014

Chattopadhyay v Headmaster of Holloway School: EAT 1981

The appellant, an Indian teacher had applied unsuccessfully for the post of head of history at Holloway School. He complained of race discrimination. Held: Browne-Wilkinson P said: ‘As has been pointed out many times, a person complaining that he has been unlawfully discriminated against faces great difficulties. There is normally not available to him any … Continue reading Chattopadhyay v Headmaster of Holloway School: EAT 1981

Sidhu v Aerospace Composite Technology Ltd: EAT 10 Nov 1999

An assault on a company sponsored day out could be within the course of employment. Exclusion by the employer of consideration that the assault might be racially motivated, was itself race-specific and discriminatory. Citations: Gazette 10-Nov-1999, (1999) IRLR 683 Statutes: Race Relations Act 1976 32(1) Citing: Appealed to – Sidhu v Aerospace Composite Technology Ltd … Continue reading Sidhu v Aerospace Composite Technology Ltd: EAT 10 Nov 1999

Regina v Secretary of State for Social Security Ex Parte Nessa: QBD 15 Nov 1994

Regulations under which payments were made for funeral benefits were not susceptible to a challenge under the Race Relations Act, since they were an act of the Crown. Citations: Gazette 08-Feb-1995, Times 15-Nov-1994 Statutes: Race Relations Act 1976 20 Cited by: Appeal from – Nessa v Chief Adjudication Officer CA 5-Feb-1998 The requirement that an … Continue reading Regina v Secretary of State for Social Security Ex Parte Nessa: QBD 15 Nov 1994

Post Office v Adekeye: EAT 23 Feb 1995

An Industrial Tribunal may not look at a claim of race discrimination which had taken place in the context of a disciplinary appeal following a dismissal. The act of discrimination had not been in the course of the employment. Citations: Times 23-Feb-1995 Statutes: Race Relations Act 1976 4(2) Citing: See also – Adekeye v Post … Continue reading Post Office v Adekeye: EAT 23 Feb 1995

Johnson v HM Prison Service and Others: EAT 31 Dec 1996

Awards of damages for race discrimination were proper against both the employer, and an individual racist employee. 28k was not too much. Aggravated damages might be appropriate for direct discrimination where a complainant relied upon malice of conduct as a source of aggravation of hurt to feelings. Smith J reviewed the authorities on compensation for … Continue reading Johnson v HM Prison Service and Others: EAT 31 Dec 1996

Regina (Ellas) v Secretary of State for Defence: QBD 7 Jul 2005

The claimant was registered as a British subject, but lived in Hong Kong. During the second world war she was interned by the Japanese. She sought a payment now under the ex-gratia prisoner of war scheme. She appealed refusal of benefit, saying the scheme was discriminatory. Held: The appeal succeeded. The scheme distinguished between members … Continue reading Regina (Ellas) v Secretary of State for Defence: QBD 7 Jul 2005

South East Essex College and others v Abegaze: EAT 3 Nov 2005

EAT Race Discrimination – Post Employment. Employment Tribunal erred in law in (i) not taking account of prejudice to the ex employer when considering it was just and equitable to extend time in a discrimination claim, (ii) in misinterpreting the application of section 27(A)(2) of the Race Relations Act 1976 and (iii) in misapplying Rhys-Harper … Continue reading South East Essex College and others v Abegaze: EAT 3 Nov 2005

Gravell v London Borough of Bexley: EAT 2 Mar 2007

EAT Race Discrimination Racial harassment (s3A). Effect of House of Lords Judgment in Pearce v The Governing Body of Mayfield School re. Burton v de Vere Hotels Ltd on s3A claim. Employment Tribunal strike-out. Need for fact-finding. Appeal allowed.The Tribunal had struck out a claim brought under section 3A of the Race Relations Act. The … Continue reading Gravell v London Borough of Bexley: EAT 2 Mar 2007

Partnership In Care Ltd (T/A the Spinney) v Laing and Another: EAT 1 Feb 2007

EAT Race Discrimination – Contract Workers The Claimant was employed by A to provide patient advocacy services at B’s mental hospital. He was barred by B from access to a ward, allegedly after an incident with a patient. A then suspended him. He claimed that both A and B were guilty of race discrimination. On … Continue reading Partnership In Care Ltd (T/A the Spinney) v Laing and Another: EAT 1 Feb 2007

Meer v London Borough of Tower Hamlets: CA 26 May 1988

The Court discussed the nature of ‘a requirement or condition’ for the purposes of the 1976 Act. Held: Dillon LJ said: ‘The case of Perera decided that there can only be a requirement or condition within s.1(1)(b) of the Race Relations Act 1976 if the requirement or condition, or whatever other word may be used … Continue reading Meer v London Borough of Tower Hamlets: CA 26 May 1988

The Law Society v Kamlesh Bahl: EAT 7 Jul 2003

EAT Sex Discrimination – DirectThe complainant had been suspended from her position as Vice President of the Law Society. The Society and its officers appealed findings of sex and race discrimination against her. The complainant appealed findings that she had lied to the tribunal on oath, and that the discrimination had been only indirect. Held: … Continue reading The Law Society v Kamlesh Bahl: EAT 7 Jul 2003

Balamoody v Manchester Health Authority: EAT 2 Mar 1999

The claimant appealed against orders striking out his complaint of unlawful racial discrimination. He had owned a nursing home regulated by the respondent authority. A senior white employee had broken regulations regarding safekeeping of drugs, but he as owner had been prosecuted and struck off. She had not. The home registration was then cancelled. He … Continue reading Balamoody v Manchester Health Authority: EAT 2 Mar 1999

Appiah and Another v Bishop Douglas Roman Catholic High School: CA 26 Jan 2007

Black students of African origin, had been excluded from school after an incident. They appealed rejection of their claims for race discrimination and victimisation, saying that they had been at first excluded wrongfully. Held: ‘Consideration of motive is rarely an attractive or useful forensic exercise . . . In discrimination cases, the better course is … Continue reading Appiah and Another v Bishop Douglas Roman Catholic High School: CA 26 Jan 2007

Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

Mingeley v Pennock and Ivory T/A Amber Cars: EAT 1 May 2003

EAT Race Discrimination – Prospective employees His Hon Judge Clark EAT/1170/02, [2003] EAT 1170 – 02 – 0906, [2003] UKEAT 1170 – 02 – 0906 Bailii, Bailii, EAT Race Relations Act 1976 78(1) England and Wales Cited by: Appeal from – Mingeley v Pennock and Another (T/A Amber Cars) CA 9-Feb-2004 The claimant taxi driver … Continue reading Mingeley v Pennock and Ivory T/A Amber Cars: EAT 1 May 2003

Chohan v Derby Law Centre: EAT 2 Mar 2004

EAT Employment Tribunal claim brought out of time because of Solicitor’s negligent advice. Application of British Coal Corporation -v- Keeble [1999] IRLR 337. His Hon Judge Mcmullen QC UKEAT/0851/03, [2004] UKEAT 0851 – 03 – 0704 Bailii, EATn England and Wales Citing: Cited – British Coal Corporation v Keeble and others EAT 26-Mar-1997 The employer … Continue reading Chohan v Derby Law Centre: EAT 2 Mar 2004

Tariq v The Home Office: EAT 16 Oct 2009

EAT PRACTICE AND PROCEDUREDisclosureHUMAN RIGHTS(1) The procedure sanctioned by rule 54 of the Employment Tribunals Rules of Procedure, and by the Employment Tribunals (National Security) Rules of Procedure, is not incompatible with a claimant’s right under Art. 6 of the European Convention on Human Rights to a fair hearing of his claim for discrimination, or … Continue reading Tariq v The Home Office: EAT 16 Oct 2009

Kirby v Manpower Services Commission: EAT 1980

The applicant, an employee at a job centre was demoted because he had disclosed confidential information about possible contraventions of the race relations legislation. He complained of race discrimination, saying his disclosure was a protected act. Held: This was not victimisation within section 2. The relevant question was whether the employers had treated the complainant … Continue reading Kirby v Manpower Services Commission: EAT 1980

Mangalore v London School of Economics and Political Science: EAT 1 Nov 2013

EAT Victimisation Discrimination – Although allegations of victimisation were made under section 27 of the Equality Act 2010 the Employment Tribunal had directed itself in terms of a comparator as if the case had been brought pursuant to section 2 of the Race Relations Act 1976. Whilst this was an apparently erroneous approach in fact … Continue reading Mangalore v London School of Economics and Political Science: EAT 1 Nov 2013

British Airways Plc v Mak and Others: CA 24 Feb 2011

The court was asked whether the Employment Tribunal had jurisdiction to hear claims of age discrimination brought by the appellant’s employees, based in Hong Kong, but working as crew on flights between there and London. Held: The appeal failed: ‘There was no error of law in the ET’s ruling that Ms Mak did ‘her work … Continue reading British Airways Plc v Mak and Others: CA 24 Feb 2011

Dr Anya v University of Oxford and Another: CA 22 Mar 2001

Discrimination – History of interactions relevant When a tribunal considered whether the motive for an act was discriminatory, it should look not just at the act, but should make allowance for earlier acts which might throw more light on the act in question. The Tribunal should assess the totality of the evidence on any material … Continue reading Dr Anya v University of Oxford and Another: CA 22 Mar 2001

James v Eastleigh Borough Council: CA 1985

The plaintiff was used to going swimming. He was 60. He complained that whereas his wife, of the same age was admitted free, he had had to pay .75p. He claimed sex discrimination. Held: Though his claim failed, Sir Nicolas Browne-Wilkinson V-C said: ‘it is not permissible for a defendant in such a case to … Continue reading James v Eastleigh Borough Council: CA 1985

Strathclyde Regional Council v Zafar; Zafar v Glasgow City Council: HL 16 Oct 1997

The absence of any other explanation for the unfair dismissal of a black worker, does not of itself and inescapably lead to finding of race bias, or racial discrimination. He had been dismissed following complaints of sexual harassment, later found to be unsupported. The tribunal reasoned that the dismissal was to be presumed to be … Continue reading Strathclyde Regional Council v Zafar; Zafar v Glasgow City Council: HL 16 Oct 1997

Amnesty International v Ahmed: EAT 13 Aug 2009

amnesty_ahmedEAT2009 EAT RACE DISCRIMINATION – Direct discriminationRACE DISCRIMINATION – Indirect discriminationRACE DISCRIMINATION – Protected by s. 41UNFAIR DISMISSAL – Constructive dismissalClaimant, of (northern) Sudanese ethnic origin, applied for promotion to role of ‘Sudan researcher’ for Amnesty International – Not appointed because Amnesty believed that the appointment of a person of her ethnic origin would compromise … Continue reading Amnesty International v Ahmed: EAT 13 Aug 2009

Igen Ltd v Wong: CA 18 Feb 2005

Proving Discrimination – Two Stage Process Each appeal raised procedural issues in discrimination cases, asking where, under the new regulations, the burden of proof had shifted. Held: The new situation required a two stage process before a complaint could be upheld. First the claimant had to establish facts allowing the tribunal to conclude, in the … Continue reading Igen Ltd v Wong: CA 18 Feb 2005

King v Great Britain China Centre: CA 1991

The court considered the nature of evidence which will be available to tribunals considering a race discrimination claim. Held: A complainant must prove his or her case on the balance of probabilities, but it is unusual to find direct evidence of racial discrimination, and a case will usually depend on what inferences can properly be … Continue reading King v Great Britain China Centre: CA 1991

Chief Constable of West Yorkshire Police v Khan: HL 11 Oct 2001

The claimant was a police sergeant. After many years he had not been promoted. He began proceedings for race discrimination. Whilst those were in course, he applied for a post elsewhere. That force wrote to his own requesting a reference. In the light of the discrimination claim, they were advised not to reply for fear … Continue reading Chief Constable of West Yorkshire Police v Khan: HL 11 Oct 2001

Ministry of Defence v Fletcher: EAT 9 Oct 2009

mod_fletcherEAT2009 EAT SEX DISCRIMINATIONInjury to feelingsSEXUAL ORIENTATION DISCRIMINATIONWhere there is overlap between the basis of aggravated damages and compensation for injury to feelings, double counting should be avoided but a reasonable sum may be awarded for uncompensated aggravating elements of the conduct which forms the basis of the awards – Vento v Chief Constable of … Continue reading Ministry of Defence v Fletcher: EAT 9 Oct 2009

Pricewaterhouse Coopers Llp v Popa: EAT 12 Oct 2010

pwc_popaEAT10 EAT RACE DISCRIMINATIONPost employmentBurden of ProofIn determining a claim of post termination victimisation under the Race Relations Act 1976 the Employment Tribunal did not fail to consider the reason why the employer gave a different form of reference to the Claimant than they would have given to a comparator. They did not fail to … Continue reading Pricewaterhouse Coopers Llp v Popa: EAT 12 Oct 2010

Richmond Pharmacology v Dhaliwal: EAT 12 Feb 2009

EAT HARASSMENT: Purpose Tribunal was entitled to find that a remark made by an employer to a female employee of Indian ethnic origin referring to the possibility of her being ‘married off in India’ had the effect of violating her dignity and constituted harassment within the meaning of s. 3A of the Race Relations Act … Continue reading Richmond Pharmacology v Dhaliwal: EAT 12 Feb 2009

Okoro and Another v Taylor Woodrow Construction Ltd and Others: EAT 6 Dec 2010

EAT PRACTICE AND PROCEDURE Postponement or stay Appellate jurisdiction/reasons/Burns-Barke Where an application is made to an Employment Tribunal for a postponement in writing and at the relevant hearing, the Employment Judge should make and record his decision in refusing the application and give reasons. Time for appealing did not begin to run until that happened. … Continue reading Okoro and Another v Taylor Woodrow Construction Ltd and Others: EAT 6 Dec 2010

E, Regina (on The Application of) v Governing Body of JFS and Another: SC 16 Dec 2009

E complained that his exclusion from admission to the school had been racially discriminatory. The school applied an Orthodox Jewish religious test which did not count him as Jewish because of his family history. Held: The school’s appeal failed. English law may be at fault because it made no allowance for any justification of direct … Continue reading E, Regina (on The Application of) v Governing Body of JFS and Another: SC 16 Dec 2009

Molaudi v Ministry of Defence: EAT 15 Apr 2011

molaudi_modEAT11 EAT JURISDICTIONAL POINTS The Claimant sought to bring a claim for racial discrimination against the defendant relating to events which occurred while the Claimant was a serving soldier. He had previously made a complaint about the same matters to the military authorities, which was not brought in time and which was rejected. The Employment … Continue reading Molaudi v Ministry of Defence: EAT 15 Apr 2011

Depner v General Medical Council: EAT 14 Feb 2013

depner_gmcEAT2013 EAT Race Discrimination : Discrimination By Other Bodies – The Employment Judge did not err in holding that the Employment Tribunal did not have jurisdiction to hear a doctor’s claims of discrimination and victimisation made under the Race Relations Act 1976. The claims were of her suspension from registration and imposition of immediate suspension … Continue reading Depner v General Medical Council: EAT 14 Feb 2013

Chagger v Abbey National Plc and Another: CA 13 Nov 2009

The claimant appealed against the limitation of 2% placed on the uplift of his award of damages for having failed to comply with relevant dispute procedures. The tribunal had found exceptional reasons for reducing the uplift given the size of the award, and that the claim arise from a procedural failure. Held: The EAT had … Continue reading Chagger v Abbey National Plc and Another: CA 13 Nov 2009

Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

Swiggs and others v Nagarajan: HL 15 Jul 1999

Bias may not be intentional The applicant claimed that he had been denied appointment to a job with London Regional Transport because he had brought a number of previous race discrimination claims against it or associated companies. An industrial tribunal had upheld his claim of victimisation contrary to section 2(1) of the 1976 Act, finding … Continue reading Swiggs and others v Nagarajan: HL 15 Jul 1999

Korashi v Abertawe Bro Morgannwg University Local Health Board: EAT 12 Sep 2011

korashi_lhbEAT2011 EAT VICTIMISATION DISCRIMINATION – WhistleblowingRACE DISCRIMINATION – DirectJURISDICTIONAL POINTS – Claim in time and effective date of terminationPRACTICE AND PROCEDURENew evidence on appealAppellate jurisdiction/reasons/Burns-BarkeThe Employment Tribunal correctly dismissed PIDA claims as having failed to meet one or other of the conditions in Employment Rights Act 1996 s 47B 47C 47G and 47H, and further … Continue reading Korashi v Abertawe Bro Morgannwg University Local Health Board: EAT 12 Sep 2011

Hewage v Grampian Health Board: SC 25 Jul 2012

The claimant had been employed as a consultant orthodontist. She resigned claiming constructive dismissal and sex and race discrimination. The EAT reversed the findings on discrimination saying that they had not been sufficiently pleaded. The Court of Session re-instated the discrimination findings and the Board now appealed. Held: The Board’s appeal failed. Although the positions … Continue reading Hewage v Grampian Health Board: SC 25 Jul 2012

Stevenson v Atos Origin IT Services UK Ltd: EAT 4 Apr 2012

EAT Jurisdictional Points : Working Outside The JurisdictionRACE DISCRIMINATION – Inferring discriminationA, who is British, was employed by R and in 2007 he was appointed as Chief Operating Officer for the UK. From September 2008 he was assigned to manage a programme in support of ‘small countries’ in the Group, of which R is part, … Continue reading Stevenson v Atos Origin IT Services UK Ltd: EAT 4 Apr 2012

E v The Governing Body of JFS and Another: Admn 3 Jul 2008

The court considered the impact of secular discrimination policy on admissions policies of religious schools. Held: A school admissions policy which gave priority to children of their designated faith did not discriminate unlawfully either directly or indirectly on racial grounds. Munby J [2008] EWHC 1535 (Admin), Times 18-Jul-2008, [2008] ACD 87, [2008] ELR 445 Bailii … Continue reading E v The Governing Body of JFS and Another: Admn 3 Jul 2008

Anyanwu and Another v South Bank Student Union and Another: HL 24 May 2001

The university had imposed a new constitution on its students union, which resulted in the dismissal of the claimant. He sought to assert racial discrimination. Held: The concept of ‘aiding’ somebody in committing discriminatory behaviour under the section, connoted assistance beyond the negligible, but did not need to be substantial or productive. The word should … Continue reading Anyanwu and Another v South Bank Student Union and Another: HL 24 May 2001

BBC Scotland v Souster: SCS 7 Dec 2000

English and Scottish are Separate Racial Groups The English and Scottish peoples are recognised as separate racial groups. Discrimination on the basis that someone was English or Scottish was therefore discrimination for the purposes of the 1976 Act. Since Parliament had not amended or defined the concept of national origins when passing the 1976 Act, … Continue reading BBC Scotland v Souster: SCS 7 Dec 2000

Conteh v Parking Partners Ltd: EAT 17 Dec 2010

EAT HARASSMENT – Conduct Where an employee worked in an environment in which her dignity was violated, or which became intimidatory, hostile, degrading, humiliating or offensive as a result of actions of others whom her employer did not control, in what circumstances is that employer liable to her for damages for discrimination or harassment on … Continue reading Conteh v Parking Partners Ltd: EAT 17 Dec 2010

Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting: CA 6 Dec 2001

The claimant had been struck from the register of nurses after convictions arising from failures of his staff at his nursing home with regard to drug management. He had then brought claims of unlawful race discrimination against the health authority and against the respondent. Those claims had been dismissed as frivolous, no valid comparator having … Continue reading Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting: CA 6 Dec 2001

Aziz v Trinity Street Taxis Ltd: CA 26 Feb 1988

An Asian member of the respondent association of taxi cab operators secretly recorded conversations with other members to gather evidence for a claim under the Act. He was expelled from the association for this conduct. He alleged race discrimination and victimisation. Held: The issue was whether the act was an act of discrimination. The association … Continue reading Aziz v Trinity Street Taxis Ltd: CA 26 Feb 1988

Science Research Council v Nasse; BL Cars Ltd (formerly Leyland Cars) v Voias: HL 1 Nov 1979

Recent statutes had given redress to anyone suffering unlawful discrimination on account of race sex or trade union activities. An employee sought discovery of documents from his employer which might reveal such discrimination. Held: The court ought not to order breach of properly given confidences unless it is necessary in the interests of justice. Lord … Continue reading Science Research Council v Nasse; BL Cars Ltd (formerly Leyland Cars) v Voias: HL 1 Nov 1979