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Medical Protection Society, Dr Bown, Dr Hickey v Dr Sadek: CA 12 Jul 2004

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

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

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

Malik v Bank of Credit and Commerce International (BCCI); Mahmud v Bank of Credit and Commerce International: HL 12 Jun 1997

Allowance of Stigma Damages The employees claimed damages, saying that the way in which their employer had behaved during their employment had led to continuing losses, ‘stigma damages’ after the termination. Held: It is an implied term of any contract of employment that the employer shall not without reasonable and proper cause conduct itself in … Continue reading Malik v Bank of Credit and Commerce International (BCCI); Mahmud v Bank of Credit and Commerce International: HL 12 Jun 1997

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

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

Mcdonagh (Sued on Her Own Behalf and on Behalf of All Other Members of the Labour Party) v Z Ali H S Sohal: EAT 10 Apr 2000

The applicants were suspended from membership of the Labour party. As a result they were unable to stand for election as councillors. They alleged racial discrimination. Held: The position as councillor fell within the Act, and the claim for discrimination had been properly allowed. The Act should be interpreted sufficiently widely to provide a remedy … Continue reading Mcdonagh (Sued on Her Own Behalf and on Behalf of All Other Members of the Labour Party) v Z Ali H S Sohal: EAT 10 Apr 2000

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

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

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

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

Uddin v General Medical Council and Others: EAT 14 Feb 2013

EAT Race Discrimination : DirectDetrimentDiscrimination by other bodiesAt a pre-hearing review an Employment Judge held that the Employment Tribunal had no jurisdiction to determine a doctor’s claims of race discrimination and harassment. She held that the Medical Act 1983 and judicial review provided ‘an appeal or proceedings in the nature of an appeal’ from such … Continue reading Uddin v General Medical Council and Others: EAT 14 Feb 2013

Watt (Formerly Carter) v Ahsan: HL 21 Nov 2007

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

Moyo v Tower Hamlets Consortium: CA 30 Jul 2004

Citations: [2004] EWCA Civ 1246 Links: Bailii Statutes: Race Relations Act 1976 Jurisdiction: England and Wales Citing: Appeal from – Moyo v Tower Hamlets Consortium EAT 26-Mar-2004 EAT Race Discrimination – Victimisation. . . Cited – Dr Anya v University of Oxford and Another CA 22-Mar-2001 Discrimination – History of interactions relevantWhen a tribunal considered … Continue reading Moyo v Tower Hamlets Consortium: CA 30 Jul 2004

V v Addey and Stanhope School: CA 30 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

Laing Limited v Yassin Essa: CA 21 Jan 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

Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association: EAT 8 Apr 2003

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

British Medical Association v Chaudhary: CA 15 May 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

Vento v The Chief Constable of West Yorkshire Police (No 2): CA 20 Dec 2002

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

Crofton v Yeboah: EAT 16 May 2001

After a very long hearing, the appellant had been found guilty of race discrimination in his making of allegations about the behaviour of the respondent in failing to investigate corruption within Hackney London Borough Council. Held: The first instance tribunal had failed to take account of evidence offered by the appellant to a degree which … Continue reading Crofton v Yeboah: EAT 16 May 2001

Sougrin v Haringey Health Authority: EAT 31 Jul 1991

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

Rovenska v General Medical Council: CA 4 Dec 1996

A Czechoslovakian doctor complained against the General Medical Council under Section 12(1)(a) of the 1976 Act 1976 in respect of the most recent of a series of refusals, under its rules for the grant of limited registration as a medical practitioner in this country for doctors with overseas qualifications, to exempt her from its requirement … Continue reading Rovenska v General Medical Council: CA 4 Dec 1996

Wheeler v Leicester City Council; In re Wheeler and others: HL 25 Jul 1985

The Council opposed sporting links with South Africa. The local rugby club failed to denounce apartheid and did not seek to dissuade three of its players touring with the national side. The Court of Appeal had refused judicial review of the council’s decision to ban the club from playing at the ground which it owned. … Continue reading Wheeler v Leicester City Council; In re Wheeler and others: HL 25 Jul 1985

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

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

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

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

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

Miller v The College of Policing: CA 20 Dec 2021

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

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

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

Ghaidan v Godin-Mendoza: HL 21 Jun 2004

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

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

Regina v Rimmington; Regina v Goldstein: HL 21 Jul 2005

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

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

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

Gentle, Regina (on the Application of) and Another v The Prime Minister and Another: HL 9 Apr 2008

The appellants were mothers of two servicemen who had died whilst on active service in Iraq. They appealed refusal to grant a public inquiry. There had already been coroners inquests. They said that Article 2 had been infringed. Held: The appeal was dismissed. The right to an inquiry was procedural and depended first on the … Continue reading Gentle, Regina (on the Application of) and Another v The Prime Minister and Another: HL 9 Apr 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

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

AC v Berkshire West Primary Care Trust, Equality and Human Rights Commissions intervening: Admn 25 May 2010

The claimant, a male to female transsexual, challenged a decision by the respondent to refuse breast augmentation treatment. The Trust had a policy ‘GRS is a Low Priority treatment due to the limited evidence of clinical effectiveness and is not routinely funded.’ Held: The claim for judicial review failed. There was no general medical concensus … Continue reading AC v Berkshire West Primary Care Trust, Equality and Human Rights Commissions intervening: Admn 25 May 2010

Broxbourne Borough Council v Robb and Others: QBD 27 Jun 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