Search Results for: Race Relations Act 1976 34

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Acts

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Gibbs v Harding and others: ChD 12 Jan 2007

The testatrix left a will anticipating making another. The court was asked whether a clause leaving her estate to ‘be taken over by the Diocese of Westminster to hold in trust for the Black community of Hackney’ was valid. Held: The gift was capable of being charitable, subject to the application of the 1976 Act. … Continue reading Gibbs v Harding and others: ChD 12 Jan 2007

The Lord Chancellor and Another v Coker and Another: EAT 17 Jan 2001

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

Marks and Spencer Plc v Martins: CA 19 Dec 1997

The court emphasised the ubiquitous need to make the findings of primary fact without which it is impossible to consider the drawing of relevant inferences. A tribunal hearing a race discrimination case must ask the question as put by the Act; there was a fundamental flaw in the decision in asking and answering wrong question. … Continue reading Marks and Spencer Plc v Martins: CA 19 Dec 1997

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 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

St Christopher’s Fellowship v Walters-Ennis: EAT 8 Oct 2009

EAT PRACTICE AND PROCEDURE: Case managementUNFAIR DISMISSAL: Constructive dismissalRACE DISCRIMINATION: Burden of proofAn Employment Tribunal did not err in law when it upheld the Claimant’s claim in part that she had been discriminated against by being excluded from a recruitment process, in which as a manager she should have been involved, on the ground of … Continue reading St Christopher’s Fellowship v Walters-Ennis: EAT 8 Oct 2009

Grampian Health Board v Hewage: EAT 4 Feb 2009

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

Orchid Pubs Ltd v Griffiths: EAT 25 Sep 2008

EAT JURISDICTIONAL POINTS: Extension of time: just and equitable In considering whether it is just and equitable to exercise its discretion under Section 68 of the Race Relations Act 1976 to extend the time for the submission of the Originating Application the Employment Tribunal should have regard to the total period of delay. Citations: [2008] … Continue reading Orchid Pubs Ltd v Griffiths: EAT 25 Sep 2008

Oyarce v Cheshire County Council: CA 2 May 2008

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

Okonu v G4S Security Services (UK) Ltd: EAT 11 Feb 2007

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

Brown v London Borough of Croydon and Another: CA 26 Jan 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

Palmer v Dunedin Canmore Housing Association Ltd: EAT 6 Jul 2006

EAT The claimant alleged that she had been victimised contrary to the provisions of s.2(1) of the Race Relations Act 1976. The tribunal were satisfied that the claimant had carried out a protected act and that she had been treated less favourably than an appropriate comparator. The tribunal were of the view that the respondents … Continue reading Palmer v Dunedin Canmore Housing Association Ltd: EAT 6 Jul 2006

Allen v Oliver Group Plc and Another: CA 24 May 2001

The appellant appealed a finding against her by the ET and EAT on her claim of race discrimination. The tribunal found that the applicant had been treated less favourably, but had been unable to find any evidence that this had its origins in her race. However two paragraphs of the judgment were inconsistent. The judgement … Continue reading Allen v Oliver Group Plc and Another: CA 24 May 2001

W 1-6 v Essex County Council and Another: CA 2 Apr 1998

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

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

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

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

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

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

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

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

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

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

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

E, Regina (On the Application of) v The Governing Body of JFS and Another: CA 25 Jun 2009

E challenged the admissions policy of a school which admitted by preference children acknowledged to be Jewish by the Office of their Rabbi. His mother being Jewish by conversion in a progressive synagogue, E was excluded. The claimant suggested that the policy ‘elides the grounds of an act with its motive, whereas what the legislation … Continue reading E, Regina (On the Application of) v The Governing Body of JFS and Another: CA 25 Jun 2009