EAT JURISDICTIONAL POINTS- Agency relationshipsRACE DISCRIMINATIONDirectInjury to feelingsAccepted, in line with EAT authority, that common law agency principles apply to Race Relations Act s32(1). On that basis employer appeal against agency finding upheld and set aside.Injury to feelings award manifestly excessive and wrong in principle (see Vento). Award reduced from andpound;12,000 to andpound;6,000. Judges: Peter … Continue reading Ministry of Defence v Kemeh: EAT 11 Mar 2013
EAT PRACTICE AND PROCEDURE – Striking-out/dismissalRACE DISCRIMINATIONHARASSMENTConsideration of ss.12(1A) and 27A Race Relations Act 1976. Employment Judge correct in striking out Claimant’s complaint of harassment under s.3A RRA on particular facts of this case. Judges: Peter Clark J Citations: [2011] UKEAT 0201 – 11 – 0411, [2011] UKEAT 0202 – 11 – 0411 Links: Bailii, … Continue reading Vaidya v The General Medical Council: EAT 4 Nov 2011
Judges: Mummery, Richards, Rimer LJJ Citations: [2011] EWCA Civ 1519 Links: Bailii Statutes: Race Relations Act 1976 Jurisdiction: England and Wales Citing: Appeal from – Bouzir v Country Style Foods Ltd EAT 18-May-2011 EAT RACE DISCRIMINATION – Burden of proofThe Employment Tribunal did not apply section 54A(2) of the Race Relations Act 1976. The facts … Continue reading Country Style Foods Ltd v Bouzir: CA 8 Dec 2011
The appellant’s application for full registration as a qualified medical practitioner had been refused by the GMC after a five-year maximum period of limited registration. His application for full registration in accordance with section 25 of the Medical Act 1983 was refused by the GMC. He then applied to the Review Board for Overseas Qualified … Continue reading Khan v General Medical Council: CA 11 Apr 1994
EAT Race Discrimination : Direct – Indirect – Continuing actThe Employment Tribunal was correct to find that it had no jurisdiction to entertain claims for direct and indirect discrimination on the grounds of race as the claims were issued out of time, and no application had been made to extend time.Although the Employment Tribunal may … Continue reading Ruhaza v Alexander Hancock Recruitment Ltd: EAT 4 Nov 2011
Appeal from refusal of jurisdiction Judges: Morison P J Citations: [1998] UKEAT 116 – 98 – 1102 Links: Bailii Statutes: Race Relations Act 1976, Trade Union and Labour Relation (Consolidation) Act 1992 Jurisdiction: England and Wales Cited by: See Also – Aniagwu v London Borough of Hackney and Another EAT 2-Sep-1998 . .See Also – … Continue reading Aniagwu v London Borough of Hackney and Another: EAT 11 Feb 1998
EAT RACE DISCRIMINATION – Burden of proofThe Employment Tribunal did not apply section 54A(2) of the Race Relations Act 1976. The facts upon which the Claimant relied, taken as a whole were such that the Tribunal could conclude in the absence of an adequate explanation that the Respondent refused or deliberately omitted to offer him … Continue reading Bouzir v Country Style Foods Ltd: EAT 18 May 2011
The claimant had succeeded in her claim for constructive unfair dismissal, and of sex and race discrimation at the tribunal. The EAT reversed the discrimination findings saying that the claimant had not set them out in her ET1, and the Tribunal had wrongly extended them, giving the respondents no fair notice. She now appealed against … Continue reading Hewage v Grampian Health Board: SCS 14 Jan 2011
EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirements Whether the statutory grievance procedure applies to a claim of post-termination victimisation. It does.A claim alleging victimisation in consequence of evidence contained in witness statements served in proceedings in the employment tribunal failed for immunity. Judges: Peter Clark HHJ Citations: [2010] UKEAT 0022 – 10 – … Continue reading Parmar v East Leicester Medical Practice: EAT 5 Nov 2010
An employer’s liability for racial abuse by its employees is wider than its liability under the rules of vicarious liability. The statute created new obligations. Sex and race discrimination legislation seeks to eradicate the ‘very great evil’ of discrimination.Waite LJ said: ‘a statute is to be construed according to its legislative purpose, with due regard … Continue reading Tower Boot Company Limited v Jones: CA 11 Dec 1996
EAT Race discriminationThe burden of proof in section 54A of the Race Relations Act 1976 does not apply to cases of direct discrimination on the grounds of nationality or colour. In such cases the less stringent burden of proof set out in King v Great Britain – China Centre [1992] ICR 516 and Anya v … Continue reading Okonu v G4S Security Services (UK) Ltd: EAT 11 Feb 2007
Judges: Langstaff QC Rec Citations: [2001] UKEAT 377 – 01 – 1109 Links: Bailii Statutes: Race Relations Act 1976 Employment, Discrimination Updated: 14 June 2022; Ref: scu.204199
Leave to appeal Judges: The Honourable Mr Justice Morison (P) Citations: [1997] UKEAT 184 – 97 – 1104 Links: Bailii Statutes: Race Relations Act 1976 47(10) Jurisdiction: England and Wales Employment, Discrimination Updated: 25 May 2022; Ref: scu.207356
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
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
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
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
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
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
The Council applied for the committal of the defendant for an alleged breach of a without notice injunction. Notice of the injunction had been placed at the site, requiring nobody to move caravans onto the land. Held: The application succeeded. Having examined the case law the need for committal was established. The defendant was to … Continue reading Broxbourne Borough Council v Robb and Others: QBD 27 Jun 2011
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
EAT Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke. . .
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EAT RACE DISCRIMINATION: Aiding and abetting Issues relating to s11 and s33 Race Relations Act 1976 correctly dealt with by a Tribunal on a striking-out application. Judges: Ansell J Citations: [2008] UKEAT 0270 – 08 – 1408 Links: Bailii Statutes: Race Relations Act 1976 11 33 Jurisdiction: England and Wales Employment, Discrimination Updated: 01 October … Continue reading Shestak v Royal College of Nursing and others: EAT 14 Aug 2008
The claimant sought damages for discrimination by the respondent, who replied that as a professional he was not a ‘worker’ within the legislation. Held: The respondents were a society providing advice and representation to its members. It was an organisation of workers. To fall within the ambit of the category of ‘any other organisation’ the … Continue reading Medical Protection Society, Dr Bown, Dr Hickey v Dr Sadek: CA 12 Jul 2004
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
The Claimant complained to an industrial tribunal of unlawful racial discrimination. He had suffered a nervous breakdown and was certified as unfit for work due to stress. The employer had compromised all claims justiciable by the Employment tribunal. Held: The employment tribunal had similar powers to the county court when hearing cases alleging the tort … Continue reading Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999
Appeal at the instance of the Lord Chancellor and his department against the decision of the Employment Tribunal that in the selection of a special adviser he contravened the provisions in respect of the first respondent, as she now is, the Sex Discrimination Act 1975 and in respect of the second respondent, as she now … Continue reading The Lord Chancellor and Another v Coker and Another: EAT 17 Jan 2001
No Judicial Review of Decisions of Private Body Despite the wide range of its powers, the disciplinary committee of the Jockey Club remains a domestic tribunal. Judicial review is not available to a member. The relationship is in contract between the club and its member. Sir Thomas Bingham MR said: ‘No serious racecourse management, owner, … Continue reading Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992
The claimant appealed dismissal of his claim for race discrimination, saying that the defendant had failed to comply with its own disciplinary procedures. She had been accused of making inappropriate remarks after 9/11. The EAT had found that the ET had misunderstood the defendant’s procedures. Held: The appeal succeeded. The suspension had proceeded despite awareness … Continue reading H Aziz v Crown Prosecution Service: CA 31 Jul 2006
The appellant had complained to the Employment Tribunal alleging race discrimination by the Respondent. That claim had failed, and several appeals had also failed. The claim alleged indirect discrimination, and the respondent admitted unwitting indirect discrimination, and accordingly no damages were payable. Because of his manner of conduct of the proceedings, including disclosure of matters … Continue reading Dr Adoko v Law Society: CA 7 Mar 1997
Race discrimination which took place after a dismissal was not unlawful within the section, since that first required the context of employment, and after the dismissal, the applicant was no longer in that employment. The natural meaning of the phrase ’employed by him’ in section 4 (2) was confined to persons employed at the time … Continue reading Post Office v Adekeye: CA 13 Nov 1996
The claimant applied for leave to bring an action for race discrimination nine years after the acts complained of. Leave was granted. The respondent said the tribunal should have heard the complaint first before deciding to extend time. Held: The discretion given was to act as the tribunal thought just and equitable. There was no … Continue reading Afolabi v Southwark London Borough Council: CA 24 Jan 2003
EAT RACE DISCRIMINATION Inferring discrimination Comparison Appeal by the Hospital Trust on grounds that (a) there was a failure to construct a true hypothetical comparator (b) there was a failure to properly consider whether the treatment of the Claimant was on racial grounds under s.1(1)(a) of the Race Relations Act 1976 and (c) there were … Continue reading Central Manchester University Hospitals Nhs Foundation Trust v Browne: EAT 10 Feb 2012
EAT RACE DISCRIMINATION Inferring discrimination Burden of proof UNFAIR DISMISSAL Procedural fairness / automatically unfair dismissalThe Employment Tribunal misdirected themselves in applying Section 54A of the Race Relations Act 1976. They erred in holding that the burden of proof passed to the Respondents on the Claimant establishing a prima facie case that they could have … Continue reading Hammonds Llp and Others v Mwitta: EAT 1 Oct 2010
EAT TRADE UNION RIGHTS – Action short of dismissal VICTIMISATION DISCRIMINATION – Other forms of victimisation The Employment Tribunal did not err in failing to determine the Appellant’s claim under Section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 on a balance of probabilities. The Appellant had also claimed victimisation under the … Continue reading Gayle v Sandwell and West Birmingham Hospitals NHS Trust: EAT 16 Apr 2010
EAT VICTIMISATION DISCRIMINATION SEX DISCRIMINATION – Burden of Proof Ex-employee given unfavourable reference – Claim that terms of reference were partly on account of her having previously brought sex discrimination proceedings against employers – Claim decided by the Tribunal on basis of the ‘reverse burden of proof’ provisions of s. 63A of Sex Discrimination Act … Continue reading Pothecary Witham Weld (A Firm) and Another v Bullimore and Another: EAT 29 Mar 2010
EAT JURISDICTIONAL POINTS Working outside the Jurisdiction Hong Kong based cabin crew employed on Hong Kong to London flights. Whether working partly at an establishment in Great Britain for purposes of s.8(1) Race Relations Act 1976; reg 10(1) Age Regulations 2006. Employment Tribunal finding that they were upheld. Citations: [2010] UKEAT 0055 – 09 – … Continue reading British Airways Plc v Mak and Others: EAT 20 Jan 2010
EAT RACE DISCRIMINATION: Discrimination by other bodiesPRACTICE and PROCEDURE: CostsClaims brought under ss12 and 13 Race Relations Act 1976. Properly struck out by Employment Tribunal under Rule 18(7)(b) as having no reasonable prospect of success.Costs of aborted EAT hearing to be paid by Appellant who was wholly responsible for those wasted costs. Citations: [2009] UKEAT … Continue reading Igboaka v The Royal College of Pathologists: EAT 3 Dec 2009
The claimant taxi driver sought to assert race discrimination. The respondent argued that he had not been an employee, but an independent contractor. The Claimant owned his own vehicle and paid the respondents minicab operators pounds 75 per week for a radio and access to their company system, which allocated calls from customers to a … Continue reading Mingeley v Pennock and Another (T/A Amber Cars): CA 9 Feb 2004
EAT RACE DISCRIMINATION: Direct / Burden of proof VICTIMISATION DISCRIMINATION PRACTICE AND PROCEDURE: Appellate jurisdiction/reasons/Burns-BarkeNumerous complaints of direct discrimination/victimisation under the Race Relations Act 1976 (RRA). Whether the Employment Tribunal reasoning passed the Meek test. With one exception it did not; those matters remitted to fresh Employment Tribunal for rehearing. On the question, does s.54A … Continue reading Milton Keynes General Hospital NHS Trust and Another v Maruziva: EAT 9 Oct 2009
The claimant had been a cook. A poster was put up at work redrawn to show her in a sexually suggestive pose. The court now considered an appeal agreed by consent by the parties. Held: Since the case had been heard, the Court of Appeal in Tower Boot had amended the law, and the appeal … Continue reading AB v CD: EAT 13 Nov 1997
EAT SEX DISCRIMINATION: Burden of proofRACE DISCRIMINATION: Inferring discrimination Tribunal found Claimant to have suffered both sex and race discrimination in course of her employment as a consultant orthodontist. On appeal, Tribunal found to have failed to carry out a like for like comparison with chosen comparators and to have, wrongly, only considered Appellants’ submissions … Continue reading Grampian Health Board v Hewage: EAT 4 Feb 2009
The court considered the use of injunctions to restrain breaches of planning control. The applicants were gypsies who had taken up occupation of land in mobile homes. The respondent had given them twelve months for them to find alternative accomodation. The extended time was intended to minimise disruption to the children’s education. Held: Even if … Continue reading O’Brien and others v South Cambridgeshire District Council: CA 24 Oct 2008
The court considered how a claimant can establish a claim for race discrimination. Mummery LJ said: ‘The first part of the question is: ‘Was the applicant treated less favourably than they treated or would treat another person of a different racial group in the same or relevantly similar circumstances? The answer requires a comparison to … Continue reading Marks and Spencer Plc v Martins: 1998
The court was asked as to whether the provisions for the reversal of the burden of proof in discrimination cases was limited to findings of discrimination or extended also to issues of victimisation, and as to whether section 5A had properly incorporated the European Directive. Held: The test in section 54A and in Igen v … Continue reading Oyarce v Cheshire County Council: CA 2 May 2008
The professor had sought time off to represent another lecturer claiming race discrimination against the University. The University said that her behaviour created a conflict of interest with the University. She continued and herself claimed victimisation. After the case failed, she was herself suspended, and her email account searched from which further disciplinary charges were … Continue reading Fosh v Cardiff University: EAT 23 Jan 2008
The claimant was a Pakistani member of the Labour Party. He had sought selection as parliamentary candidate, but allegations had been made about behaviour of members in the Pakistani community in his ward and the local party had been suspended. A candidate was deliberately chosen who was not a member of that community. The claimant … Continue reading Watt (Formerly Carter) v Ahsan: HL 21 Nov 2007
EAT Victimisation Burden of proof Appeal – Perversity challenge on finding important for remedy. Cross-Appeal – Did ET misdirect itself on burden of proof on victimisation claim.As a matter of construction, the provisions of section 54A RRA did not apply to a claim of victimisation under section 2. Judges: The Honourable Mr Justice Wilkie Citations: … Continue reading Oyarce v Cheshire County Council: EAT 13 Jun 2007
EAT The appellant lodged claims under the Race Relations Act 1976 against the First Respondent. He contended they were in time. The ET held that they had been lodged a day out of time and refused to extend time on the just and equitable ground. The EAT held that the chairman was right to find … Continue reading Virdi v Commisioner of Police of the Metropolis, Central Police Training and Development Authority (Centrex): EAT 6 Oct 2006
EAT Practice and Procedure – 2002 Act and Pre-action Requirements Has the Claimant complied with Step 1 of the statutory grievance procedure where he presents his complaint at a meeting with his line manager who notes it down, it is accepted, accurately and contemporaneously? Employment Tribunal decided that he had. Appeal, given the particular facts … Continue reading Kennedy Scott Ltd v Francis: EAT 3 May 2007
The claimant appealed dismissals of his claim for race discrimination, harassment and victimisation. In a new job, other team members said they were uncomfortable alone with him, and his probationary period was extended because of his failure to fit in. He said the tribunal had erred in failing to apply the two stage test set … Continue reading Brown v London Borough of Croydon and Another: CA 26 Jan 2007
EAT Practice and Procedure – Application/Claim The Claimant, a doctor, put forward a complaint to the Tribunal that the MDU, his professional body, had been guilty of race discrimination in the manner in which they had provided or failed to provide services to him in connection with disciplinary proceedings against him. The Tribunal rejected his … Continue reading Wagunyanya v Medical Defence Union Services Ltd: EAT 6 Jul 2006
The claimant sought to allege race discrimination and appealed refusal by the respondents to release required documents. She had been turned down for an appointment to the Trident task force, and sought disclosure of the reasons. The respondent said that she had failed in her vetting, and that they were prohibited in law from disclosing … Continue reading Barracks v Coles and Commissioner of Police for the Metropolis: CA 21 Jul 2006
The parties to the action had given cross undertakings to support the grant of an interim injunction. A third party subsequently applied to be joined, and now sought to take advantage of the cross undertakings to claim the losses incurred through the giving of the ‘wrongful undertakings’ Held: The joined party, who had not itself … Continue reading Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2): CA 23 May 2006
The company appealed against a finding of race discrimination. Held: As a matter of law the concept of vicarious liability provided for in Section 41(1) of the Act, identical to that under Section 32(1) of the Race Relations Act 1976. Citations: [1995] UKEAT 56 – 94 – 2703, [1995] IRLR 529 Links: Bailii Statutes: Race … Continue reading Tower Boot Company Ltd v Jones: EAT 27 Mar 1995
The claimant had made a complaint of race discrimination. The complaint was dismissed. Some time later the company dismissed him, and he again lodged a complaint. The tribunal found him unfairly dismissed, but again not discriminated against. Held: The Tribunal had been wrong to ignore any motive for the action taken. When it found no … Continue reading Madden v Preferred Technical Group CHA Limited, Guest: CA 27 Aug 2004
A teacher of Hong Kong national origin was refused qualified teacher status in this country because the Secretary of State had not exercised a power conferred on him by the relevant regulations to treat her Hong Kong qualifications as equivalent to the necessary UK qualifications. The refusal was alleged to constitute indirect racial discrimination. The … Continue reading Hampson v Department of Education and Science: HL 7 Jun 1990
The claimant worked at a school in London operated by the respondent, and he was paid by them. Spanish teachers received relocation allowances, and he complained that this was discriminatory. The respondent had failed to comply with the order made by the EAT. Held: The failure by the respondent to comply with the order meant … Continue reading Spicer v Government of Spain: CA 29 Jul 2004
The respondent resisted a claim of unfair dismissal and race discrimination on the basis that the employment contract was illegal since the claimant was an immigrant and unable to work without a work permit. Held: The Court of Appeal upheld a defence of illegality to a teacher’s complaint against a school of unlawful discrimination by … Continue reading V v Addey and Stanhope School: CA 30 Jul 2004
Three Defence employees sought to bring claims of variously race and sex discrimination against the Ministry. In each case their services were provided almost entirely abroad, and the defendant argued that there was no jurisdiction to hear the case, and that jurisdiction was not created by minimal presence here. Held: The provisions as to jurisdiction … Continue reading Saggar v Ministry of Defence: EAT 25 May 2004
The claimant had been awarded damages for race discrimination. The employer appealed. Held: In a claim for damages under the 1976 Act, it was not necessary to show that the damage suffered was reasonably forseeable.Pill LJ said: ‘I see no need to superimpose the requirement or prerequisite of reasonable foreseeability upon the statutory tort in … Continue reading Laing Limited v Yassin Essa: CA 21 Jan 2004
EAT Unfair Dismissal – CompensationIn each case, The employee sought additional damages for non-economic loss after an unfair dismissal. Held: The Act could be compared with the Discrimination Acts which explicitly awarded damages for hurt feelings. Clear authority lay against such awards in unfair dismissal cases. An Employment Tribunal considering a claim for damages for … Continue reading Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association: EAT 8 Apr 2003
The claimant had sought registration as a specialist medical practitioner by the respondent. His complaint that the crtiria used to reject his claim were discriminatory had been rejected by the employment tribunal and EAT on the basis that they had no jurisdiction. Held: The section and rules establishing the Training authority clearly reserved to that … Continue reading British Medical Association v Chaudhary: CA 15 May 2003
The claimant appealed against the level of damages awarded on his claim for race discrimination on the basis that he had not shown that his hurt feelings were not shown to have been reasonably forseeable. Held: The tribunal had erred. It was natural and invitable that humiliation and hurt would follow discrimination. The claimant had … Continue reading Yashin Essa v Laing Ltd: EAT 17 Feb 2003
The claimant had been awarded damages for sex discrimination, including a sum of andpound;25,000 for injury to feelings. The respondent appealed. Held: The Court of Appeal looked to see whether there had been an error of law in the employment tribunal decision. It did not look to see whether the Employment Appeal Tribunal had erred … Continue reading Vento v The Chief Constable of West Yorkshire Police (No 2): CA 20 Dec 2002
Race Discrimination – Direct. After dealing with the arguments based on the history of the various statutes: ‘Whether the employer deliberately dismisses the employee on racial grounds or he so acts as to repudiate the contract by racially discriminatory conduct, which repudiation the employee accepts, the end result is the same, namely the loss of … Continue reading Derby Specialist Fabrication Ltd v J N Burton: EAT 27 Sep 2000
The Chief Constable appealed against a refusal to strike out a claim by the respondent that he had racially discriminated against her. Force members had used code words for racially abusive terms about her. The claim was that he was vicariously liable for the acts of his Force members. Liability was asserted against the chief … Continue reading Chief Constable of Bedfordshire Police v Liversidge: EAT 21 Sep 2001
The Applicant had worked for the respondents. The respondents were closing down the nursing home, and all staff were being made redundant and were to be given open references. The applicant’s claim for race discrimination had been heard but no decision given. The first respondent gave a reference but referred to the outstanding proceedings. The … Continue reading Jasbeer Rooproy v M Rollins-Elliott, Manor House Hospitals Ltd: EAT 7 Aug 2001
The applicant alleged discrimination arising out of a disputed grading. She claimed the grading she had received in 1988 amounted to direct discrimination on grounds of race, and that because this affected her pay there was a ‘continuing act’ of discrimination, which entitled her to present a complaint in 1990. Held: Time ran from the … Continue reading Sougrin v Haringey Health Authority: EAT 31 Jul 1991
The defendant appealed a finding of the EAT that the claimant had standing to claim discrimination under the Act in the way her application to be a foster mother had been treated. Held: After the EAT decision in W v Essex, it was clear that the relation ship between the council and a foster parent … Continue reading Rowlands v City of Bradford Metropolitan District Council: CA 26 Mar 1999
A Local Authority had a duty of care to a fostering family when allocating children. A child was known to have a history of sexual abuse and was fostered with a family with other children, and no warning had been given.Foster parents sued the council for breach of contract and for alleged negligence for breach … Continue reading W 1-6 v Essex County Council and Another: CA 2 Apr 1998
A police sergeant had made a complaint of race discrimination against his force. He applied for a post elsewhere, but his chief constable refused a reference claiming that he wished not to prejudice the force’s defence of the action. This was held not to be discrimination itself, but it was victimisation arising from the pursuit … Continue reading Chief Constable of West Yorkshire Police and Others v Khan: CA 24 Feb 2000
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
‘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
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
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
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
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
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
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
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
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
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
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
Hate-Incident Guidance Inflexible and Unlawful The central issue raised in the appeal is the lawfulness of certain parts of a document entitled the Hate Crime Operational Guidance (the Guidance). The Guidance, issued in 2014 by the College of Policing (the College), the respondent to this appeal, sets out the national policy in relation to the … Continue reading Miller v The College of Policing: CA 20 Dec 2021
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
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
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
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
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
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
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_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
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
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
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
Common Law – Public Nuisance – Extent The House considered the elements of the common law offence of public nuisance. One defendant faced accusations of having sent racially offensive materials to individuals. The second was accused of sending an envelope including salt to a friend as a joke. The envelope had leaked causing a terrorist … Continue reading Regina v Rimmington; Regina v Goldstein: HL 21 Jul 2005
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
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
