Judges: Kilner Brown J Citations: [1978] IRLR 532 Statutes: Race Relations Act 1976 Jurisdiction: England and Wales Cited by: Cited – Showboat Entertainment Centre v Owens EAT 28-Oct-1983 The employer had dismissed an employee who had refused to comply with a discriminatory instruction by the employer to exclude blacks from the employer’s amusement centre. The … Continue reading Zarcynska v Levy: EAT 1978
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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 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
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
The applicant sought appointment as a post-master, and claimed race discrimination when the respondent failed to interview or appoint him. He was required only to provide premises and to ensure that services were provided without being obliged . .
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
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
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 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 Aiding and abetting Contract workers The Employment Tribunal erred in law in finding that a contract worker made the Claimant’s employer liable for direct race discrimination under sections 32 and 33 of the Race Relations Act 1976. The Tribunal failed to (a) make necessary findings of fact (b) to analyse the facts … Continue reading May and Baker Ltd (T/A Sanofi-Aventis Pharma) v Okerago: EAT 17 Feb 2010
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 PRACTICE AND PROCEDURE: Striking-out/dismissal VICTIMISATION DISCRIMINATION: Other forms of victimisation The Employment Judge wrongly struck out the Claimant’s claim of victimisation under the Race Relations Act 1976 when, post-termination of employment, the Claimant contended the Respondent took steps to avoid paying a sum awarded by the Employment Tribunal and ordered by the County Court. … Continue reading Coutinho v Rank Nemo (DMS) Ltd: EAT 16 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
EAT Practice and Procedure – Compromise1. On the true construction of a compromise agreement in respect of claims arising on the termination of the contract of employment, claims arising during the relationship and arising otherwise than on termination were not compromised. The agreement did not meet the industry standard for such model agreements.2. Further the … Continue reading Palihakkara v British Telecommunications Plc: EAT 9 Oct 2006
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 said that he had been indirectly discriminated against on racial grounds. He was dismissed after being elected as a local councillor for the BNP. The employer considered that for Health and Safety reasons, his dismissal was necessary because of the upset and disturbance his continued employment would create with Asian co-workers and passengers. … Continue reading A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service: EAT 27 Jul 2005
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
Application for leave to appeal. Judges: Mummery LJ Citations: [2001] EWCA Civ 1761 Links: Bailii Statutes: Race Relations Act 1976 68(6) Jurisdiction: England and Wales Citing: See Also – Rajendra Chaudhary v Royal College of Surgeons of Great Britain and Ireland and others CA 8-Nov-2001 Application for leave to appeal. . . Cited by: See … Continue reading Rajendra Chaudhary v Royal College of Surgeons of Great Britain and Ireland and others: CA 8 Nov 2001
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 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 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 sought damages for race discrimination. He appealed a dismissal of his claim, suggesting that the assessor’s role had been misunderstood. Held: The structure of the Act recognised the particular difficulties in assessing evidence in race discrimination cases, by requiring experienced lay persons to sit with the chair. There was no direct useful comparison … Continue reading Ahmed v Governing Body of the University of Oxford and Another: 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
The claimant’s claim for race discrimination had been dismissed on appeal by the EAT. He now appealed to restore the judgement of the employment tribunal. He had begun an action against his employer, and then unsuccessfully applied for employment with the respondent. He later discovered that there had been conversations between the two employers. Held: … Continue reading Scott v London Borough of Hillingdon: CA 18 Dec 2001
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
‘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
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
The defendant company had refused to employ the complainant at Heathrow on the basis that he was Italian, and relied upon exemptions in the 1976 Act. Held: A Statutory provision which permitted discrimination against a worker employed in Europe operated against the Treaty obligation to afford free movement of workers and is to be ignored. … Continue reading Bossa v Nordstress Ltd: EAT 13 Mar 1998
An allegation that the advisory committee on the appointment of justices of the peace had acted in a racially discriminatory manner was outside the jurisdiction of the industrial tribunal. The authority was not subject to the Act. Citations: Times 18-Mar-1999 Statutes: Race Relations Act 1976 12 Discrimination Updated: 17 May 2022; Ref: scu.77883
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
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
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
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 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
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
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
The employer had dismissed an employee who had refused to comply with a discriminatory instruction by the employer to exclude blacks from the employer’s amusement centre. The tribunal at first instance had found that that was a dismissal ‘on racial grounds’, notwithstanding that the dismissed employee was white. Held: The employer’s appeal failed. The Appeal … Continue reading Showboat Entertainment Centre v Owens: EAT 28 Oct 1983
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 . .
