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
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 applicant sought leave to appeal against a decision disallowing his complaint at his claim for race discrimination being struck out as scandalous, frivolous or vexatious. He said that the Tribunal had dismissed his claim without giving him opportunity to present the facts on which it was based. Held: Given the decision on Roffey, the … Continue reading Balamoody v United Kingdom Central Council for Nursing: CA 14 May 2001
EAT Race Discrimination : Continuing Act – The Claimant complained of entries made on Facebook by work colleagues, said to be acts of discrimination on the grounds of disability and nationality. He was found to be out of time. The Employment Judge’s decision at a PHR in part was reversed. The Employment Judge erred in … Continue reading Novak v Phones 4U Ltd: EAT 14 Sep 2012
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 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
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 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
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
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
The appicant sought leave to appeal against refusal of his claim of race discrimination. Held: Leave was granted on one point. The Industrial Tribunal under the heading ‘Dismissal’, referred to the fact that: ‘The applicant lacked the ability to be a ‘team player’ and lack interpersonal and management skills.’ ‘It seems to us to be … Continue reading Tchoula v Netto Foodstores Ltd: EAT 14 Jul 1997
EAT RACE DISCRIMINATION – Inferring DiscriminationTribunal wrong to apply test in King v Great Britain-China Centre [1992] ICR 516 instead of applying s.54A of Race Relations Act 1976 on the basis that the Claimant was claiming ‘colour discrimination’ – Chagger v Abbey National plc [2009] ICR 624 followed – but held that there was on … Continue reading Edozie v Group 4 Securicor Plc and Another: EAT 3 Jun 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
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
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
EAT Unfair dismissal – Procedural fairness/automatically unfair dismissalPractice and Procedure – Appellate jurisdiction/Reasons/Burns-BarkeRace discrimination – Direct / Burden of proof / VictimisationIt being common ground that the Employment Tribunal directed itself correctly on the law, its application to the facts was not perverse. The Employment Tribunal approached the burden of proof correctly, except for holding … Continue reading Birmingham City Council and Another v Samuels: EAT 24 Oct 2007
A private school had refused to admit the claimant, a sikh, because he would be unable to wear the school uniform. He claimed racial discrimination. The school denied that being a Sikh was a membership of a racial or ethnic group. Held: Sikhs were a racial group defined by ethnic origins for the purpose of … Continue reading Mandla (Sewa Singh) v Dowell Lee: HL 24 Mar 1982
The claimant appealed against rejection of her claim for race discrimination as having been made out of time. Judges: Thorpe, Hooper, Hughes LJJ Citations: [2006] EWCA Civ 1548 Links: Bailii Statutes: Race Relations Act 1976 Jurisdiction: England and Wales Citing: Cited – Dr Anya v University of Oxford and Another CA 22-Mar-2001 Discrimination – History … Continue reading Lyfar v Brighton and Sussex University Hospitals Trust: CA 14 Nov 2006
A re-instatement award after a finding of racial discrimination is in two stage process. The first part consisting of the order for re-instatement stays the balance of the award provisionally until the order for re-instatement has been complied with or otherwise. Citations: Gazette 14-Jan-1998 Statutes: Race Relations Act 1976 Jurisdiction: England and Wales Citing: See … Continue reading D’Souza v London Borough of Lambeth: EAT 14 Jan 1998
EAT Race Discrimination – Discrimination by other bodies – Race Discrimination Section 12 Race Relations Act 1976. Definition of qualifying body and profession of vocation. Did it apply to amateur footballer and local football league authorities? Judges: His Honour Judge Ansell Citations: [2004] UKEAT 0320 – 04 – 1609, UKEAT/0320/04 Links: Bailii Statutes: Race Relations … Continue reading Jeffrey-Shaw v Shopshire County Premier Football League Shopshire County Football Association: EAT 17 Aug 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
The appellant challenged dismissal of her claim for indirect racial discrimination based on two grounds. First, that the Tribunal’s decision was perverse; in other words that it was a decision which, on the evidence before it, no reasonable tribunal could have reached. Secondly, that the Tribunal failed to interpret the law relating to indirect discrimination … Continue reading Meikle v Nottingham City Council: EAT 14 Apr 1994
Appeal from striking out of claims for victimisation Judges: Laws, Gage, Rimer LJJ Citations: [2007] EWCA Civ 1052, [2008] ICR 208, [2008] IRLR 232 Links: Bailii Statutes: Race Relations Act 1976 2(1) Jurisdiction: England and Wales Discrimination Updated: 14 June 2022; Ref: scu.341669
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
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
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
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 was a social work student. He attended a work experience placement, and challenged the report given by the defendants on that placement, saying it was discriminatory and defamatory. He appealed a strike out of his claim. Held: The occasion was one of qualified privilege. The claimant had to establish malice to defeat that … Continue reading Meade v Pugh and Another: QBD 5 Mar 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
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 Jurisdiction: England and Wales Cited by: Appeal from – Nessa v Chief Adjudication Officer CA 5-Feb-1998 … Continue reading Regina v Secretary of State for Social Security Ex Parte Nessa: QBD 15 Nov 1994
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
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
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
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
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
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
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
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 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
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
It was not discriminatory of school governors to require a ‘communicant’ headmaster in a Church of England school. Citations: Gazette 21-Apr-1993, Independent 04-Mar-1993 Statutes: Race Relations Act 1976 4(2) 1(1)(b) Jurisdiction: England and Wales Employment, Education, Discrimination Updated: 05 May 2022; Ref: scu.78458
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
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
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
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
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
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
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
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
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
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
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
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. . .
The applicant had succeeded in an action for race discrimination against the respondents. By the conclusion of those proceedings he was no longer employed, and sought a reference. It was refused. He issued new proceedings asserting that this was an . .
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A flat was sold, but before the purchasers registered the transfer, the seller was sequestrated, and his trustee registered his own interest as trustee. The buyer complained that the trustee was unjustly enriched.
Held: The Act defined the . .
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
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 was employed by the Army. He claimed that he was racially discriminated against because the army refused to provide him with Halal meat. Held: The 1976 Act first required the applicant to have exhausted the Army’s own internal grievance procedures. He had not done so. The employment tribunal therefore had no jurisdiction to … Continue reading Mangera v Ministry of Defence: CA 19 May 2003
The claimant appealed against a finding that there had been no race discrimation in her case. She had overheard a manager refer to her as ‘the wog’. She said that this was sufficient to mean that she suffered a detriment. The employer replied that the word detriment shouldbe looked at not by the effect on … Continue reading De Souza v Automobile Association: CA 19 Dec 1985
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
Mr Nagarajan, of Indian birth, had brought several complaints to the Tribunal based on race. A settlement was reached on or about 1st November 1989 in full and final settlement of all his claims arising out of his employment with London Underground Ltd. His employment by LUL had ceased by then. Mr Nagarajan, after a … Continue reading Nagarajan v Agnew: EAT 21 Jul 1993
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
Persons seeking to be restored to former employment after dismissal are not compensatable victims either seeking employment or in employment – discrimination against them is not a matter for which the Race Relations Act 1976 section 4 made provision Judges: Lord Justice Robert Walker, Lord Justice Schiemann, Mr Justice Lloyd Citations: [2001] EWCA Civ 794 … Continue reading Donald D’Souza v London Borough of Lambeth: CA 25 May 2001
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
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
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
It was not discrimination not to offer English language lessons to a worker. Citations: Gazette 21-Apr-1993 Statutes: Race Relations Act 1976 4(2)(b) Discrimination Updated: 09 April 2022; Ref: scu.83592
The appellant had applied for a secondment as a Registrar of Companies of Anguilla. The appointment was made with others by the Respondent, his current employers, as agent for the government of Anguilla. He alleged race discrimination and . .
This case concerns gipsies, and whether they are a racial group within the Race Relations Act 1976 . Citations: [1988] EWCA Civ 17, [1989] 1 All ER 306, [1989] 2 WLR 17, [1989] QB 783, [1989] IRLR 8 Links: Bailii Jurisdiction: England and Wales Discrimination Updated: 20 December 2022; Ref: scu.381759
That a company did not allow to Muslims time of for Eid did not establish lack of intent to discriminate. Citations: Times 13-Nov-1995 Statutes: Race Relations Act 1976 57(3) Jurisdiction: England and Wales Employment, Discrimination Updated: 09 December 2022; Ref: scu.81564
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
The applicants had come to the UK after being excluded from their own island of Chagos. They sought judicial review of the refusal of Job Seekers’ Allowance after a finding that they were not resident here. Judges: Ward LJ, Thomas LJ, Wa;; LJ Citations: [2007] EWCA Civ 1086, [2008] ACD 21, [2008] 1 WLR 2762 … Continue reading Couronne and others v Bontemps and others: CA 2 Nov 2007
Application for leave to appeal against dismissal of complaint of race discrimination and unfair dismissal. Judges: Peter Gibson LJ Citations: [2001] EWCA Civ 446 Links: Bailii Statutes: Race Relations Act 1976 1(1)(a) Jurisdiction: England and Wales Employment, Discrimination Updated: 23 November 2022; Ref: scu.200861
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 complainant, a Cypriot, argued that the respondent college’s practice, determined by government policy, of charging higher fees to ‘overseas’ students than to ‘home’ students indirectly discriminated against him on the ground of his race. ‘Overseas’ students were defined as those who had not been resident in the UK or the EEC for the three … Continue reading Orphanos v Queen Mary College: HL 1985
The employee appealed a finding that the employer had not discriminated against her, saying that the tribunal had refused an adjournment. Held: The refusal or grant of an adjournment was a matter within the discretion of a tribunal in fulfillment of its case management duties. In the absence of exceptional reasons, an appeal court could … Continue reading Harrold v North Bristol NHS Trust: CA 2 Nov 2007
The Respondent had authorised immigration officers to act in a way which would otherwise be a discrimination against Tamils under the 1976 Act. They complained that authorisations had been effectively and unlawfully delegated. Held: The evaluations would in practice be carried out by individual immigration officers, and the decisions would be theirs. The authorisation therefore … Continue reading Regina (Tamil Information Centre) v Secretary of State for the Home Department: Admn 18 Oct 2002
Citations: [1998] EWCA Civ 251 Statutes: Race Relations Act 1976 1(4)(a) 4(2)(b) Jurisdiction: England and Wales Discrimination Updated: 14 November 2022; Ref: scu.143729
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
The court considered an adoption in Pakistan which was valid in Pakistan but would not be recognised here. The natural father and the adoptive father were from the same family. The adoptive parents were unable to have a children of their own, and the adoption was a gift – an act of grace. At first … Continue reading Re J (Adoption: Non-Patrial): CA 1998
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
On a true construction of section 2(1), a person alleged to have been victimised had to establish that the alleged discriminator, in treating him less favourably than another, had a motive which was consciously connected with the race relations legislation. Citations: [1997] EWCA Civ 2671, [1998] IRLR 73 Statutes: Race Relations Act 1976 2(1) Jurisdiction: … Continue reading Nagarajan v London Regional Transport; Swiggs and London Regional Transport v Nagarajan: CA 7 Nov 1997
The claimants alleged that the way in which Harrods organised their sales worked as race discrimination. Harrods now appealed against decisions that such a case might be brought under section 7 of the 1976 Act. Citations: [1998] ICR 156, [1997] IRLR 583, [1998] 1 All ER 52, [1997] EWCA Civ 2126 Links: Bailii Statutes: Race … Continue reading Elmi v Harrods Ltd and Another Harrods Ltd v Remick Harrods Ltd v Seeley: CA 17 Jul 1997
Store setting terms for concessionaire to employ staff liable for racial discrimination in election of staff by concessionaire. Citations: Times 22-Jul-1997 Statutes: Race Relations Act 1976 7 Jurisdiction: England and Wales Discrimination Updated: 09 November 2022; Ref: scu.81264
The applicant alleged that his rights had been infringed by his dismissal from his post as driver transporting children and adults with physical and/or mental disabilities. He had stood for election as a candidate for the British National Party, a party then allowing only white nationals as members. The majority of his customers and a … Continue reading Redfearn v The United Kingdom: ECHR 6 Nov 2012
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
Individual officers, but not the police force itself are answerable in a race discrimination claim. The force is not vicariously liable for an individual officer’s acts. Citations: Gazette 06-Nov-1996, Times 10-Oct-1996, [1996] EWCA Civ 684, [1998] QB 65, (1997) 9 Admin LR 601, [1997] 1 All ER 289 Links: Bailii Statutes: Race Relations Act 1976 … Continue reading Farah v Commissioner of Police for Metropolis: CA 9 Oct 1996
EAT RACE DISCRIMINATION – Race Relations: jurisdictionThis appeal is concerned with the application of section 68 of the Race Relations Act 1976. The Employment Tribunal held, on a Pre-Hearing Review, that there was no reasonable prospect that a Tribunal would find the alleged acts of harassment that pre-date the Appellant’s dismissal could be found to … Continue reading Alam v London Probation Trust: EAT 15 Mar 2012
The claimant’s brother had died whilst in custody. Prosecutions of police officers had failed, and the claimant alleged that Crown Prosecution Service had been negligent and discriminatory in its conduct of the prosecution. Citations: [2006] EWCA Civ 1741 Links: Bailii Statutes: Race Relations Act 1976 Jurisdiction: England and Wales Discrimination, Legal Professions Updated: 22 October … Continue reading Alder v The Chief Constable of Humberside Police and others: CA 18 Dec 2006
Health insurer is not body providing qualification to carry on profession or trade and not liable as such in race discrimination laws. Citations: Times 24-Jul-1997, [1997] EWCA Civ 2046 Statutes: Race Relations Act 1976 12 Jurisdiction: England and Wales Cited by: Cited – Kelly v Northern Ireland Housing Executive; Loughran v Northern Ireland Housing Executive … Continue reading Dr Tattari v Private Patients Plan Limited: CA 8 Jul 1997
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 Jurisdictional Points : 2002 Act and Pre-Action Requirements – Claims under the Race Relations Act 1976 – Judge wrong to hold that employee had failed to lodge a relevant grievance for the purpose of section 32 of the Employment Act 2002 (dicta of Elias P in Martin v Class Security Installations Ltd that the … Continue reading Odukwe v The Partners of Hoare Lea Consulting Engineers: EAT 27 Jan 2012
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
