EAT JURISDICTIONAL POINTS Working outside the Jurisdiction Hong Kong based cabin crew employed on Hong Kong to London flights. Whether working partly at an establishment in Great Britain for purposes of s.8(1) Race Relations Act 1976; reg 10(1) Age Regulations 2006. Employment Tribunal finding that they were upheld. Citations: [2010] UKEAT 0055 – 09 – … Continue reading British Airways Plc v Mak and Others: EAT 20 Jan 2010
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
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 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
The claimant alleged race discrimination arising out of a disputed grading and because it affected her pay she said it was a continuing act. Held: The court drew the distinction between a ‘one-off’ act of alleged racial discrimination and its continuing consequences for the appellant on the one hand, and the policy of such discrimination, … Continue reading Sougrin v Haringey Health Authority: CA 1992
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 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
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
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 . .
