The claimant sought to assert race discrimination by the Labour Party in not selecting him as a political candidate. The defendant, chairman of the party appealed.
Held: A political party when selecting candidates was not acting as a qualifying body within sec. 12 of the 1976 Act. That issue went as to the very jurisdiction of the Employment tribunals, and therefore the claim should have been brought in the County Court. (Sedley LJ dissenting)
Buxton LJ, Sedley LJ, Rimer J
[2005] EWCA Civ 990, Times 23-Aug-2005, [2005] ICR 1817
Bailii
Race Relations Act 1976 12
England and Wales
Citing:
Cited – Ali and Another v Triesman (McDonagh) CA 7-Feb-2002
The applicants sought selection as candidates for the Labour Party. The respondent asserted that such issues were not ones of employment, and therefore not covered by the Act, and appealed a finding of the EAT against them.
Held: Sawyer was . .
Cited – Anisminic Ltd v Foreign Compensation Commission HL 17-Dec-1968
All Public Law Challenges are For a Nullity
The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a . .
Cited – Garthwaite v Garthwaite CA 1964
The court discussed what was constitutive jurisdiction: ‘The ‘jurisdiction’ of a validly constituted court connotes the limits which are imposed upon its power to hear and determine issues between persons seeking to avail themselves of its process . .
Cited – Regina v Commissioners for the Special Purposes of the Income Tax CA 27-Jun-1888
Lord Esher MR pointed out that while it is generally correct to say that a tribunal cannot give itself jurisdiction by a wrong decision on the facts there may be cases in which the legislature endows a tribunal with jurisdiction, provided that a . .
Cited – Jepson v Labour Party 1996
The respondent was found guilty of sex discrimination in its failure to select the claimant as a parliamentary candidate. . .
Cited – Isaacs v Robertson PC 13-Jun-1984
(St. Vincent and The Grenadines) Where the point at issue before the Board was as to a point of procedure with no direct comparable provision in UK law, the Board of the Privy Council should be reluctant to depart from the interpretation set down by . .
Cited – Essex County Council v Essex Incorporated Congregational Church Union HL 1963
No Power to Grant Jurisdiction By Consent
An attempt was made by the parties to confer jurisdiction upon the Lands Tribunal.
Held: Constitutive jurisdiction cannot be created by agreement or estoppel. A statutory tribunal cannot be given jurisdiction by an earlier mistake, agreement, . .
Cited – Secretary of State for Employment v Globe Elastic Thread Co Ltd HL 1979
The employee worked for Company A from 1948 to 1970. In 1970 he accepted employment with a related Company B, on the understanding that his employment with A would be treated as continuous. Upon his dismissal by B in 1975 on grounds of redundancy, . .
Cited – In re Wareing 1948
A decision of the House of Lords had established that an earlier decision of the Court of Appeal on the liability of certain annuities to tax was wrong.
Held: The decision of the Court of Appeal nevertheless continued to bind the annuitant who . .
Appeal from – Carter v Ahsan EAT 21-Jun-2004
The claimant alleged discrimination in the failure to select him as a candidate. As a Pakistani, he was excluded by a decision not to select such a candidate for this constituency after allegations (later shown false) had been made against that . .
Cited – Sivasubramaniam v Wandsworth County Court, Management of Guildford College of Further and Higher Education and Another CA 28-Nov-2002
Having had various claims made in county courts rejected, the applicant was then refused leave to appeal. He sought judicial review of the refusal to give leave to appeal, and now appealed the refusal of leave to apply for a judicial review.
Cited – Property and Reversionary Investment Corporation v Templar CA 1977
A party sought leave to appeal out of time in reliance on an intervening decision of the House of Lords.
Held: A change in the understanding of the law would not suffice in the absence of special circumstances. . .
Cited – Regina v Hull University Visitor, Ex parte Page; Regina v Lord President of the Privy Council ex Parte Page HL 3-Dec-1992
The decisions of University Visitors are subject to judicial review in that they exercise a public function. English law no longer draws a distinction between jurisdictional errors of law and non-jurisdictional errors of law.
However, the . .
Cited – Green v Hampshire County Council 1979
A decision of an Employment Tribunal on a particular issue is capable of establishing an issue estoppel between the parties as to that issue. . .
Cited – Arnold v National Westminster Bank Plc HL 1991
Tenants invited the court to construe the terms of a rent review provision in the sub-underlease under which they held premises. The provision had been construed in a sense adverse to them in earlier proceedings before Walton J, but they had been . .
Cited – James v Eastleigh Borough Council HL 14-Jun-1990
Result Decides Dscrimination not Motive
The Council had allowed free entry to its swimming pools to those of pensionable age (ie women of 60 and men of 65). A 61 year old man successfully complained of sexual discrimination.
Held: The 1975 Act directly discriminated between men and . .
Cited – Department of Health and Social Security v Coy 1984
. .
Cited – Zarczynska v Levy 1979
A white barmaid was dismissed for refusing to turn away black customers. She claimed in race discrimination.
Held: Treating people less favourably not because of their race but because of the race of others is also discrimination on grounds of . .
Cited – Norwich Corporation v Norwich Electric Tramways CA 18-May-1906
There was a provision made by the Legislature that disputes mentioned in the section of the Act were to be determined by an Expert nominated by the Board of Trade and it was contended that though not in the strict technical sense estoppel, it was a . .
Cited – Regina v Montila and Others HL 25-Nov-2004
The defendants faced charges under the two Acts. They raised as a preliminary issue whether it is necessary for the Crown to prove that the property being converted was in fact the proceeds, in the case of the 1994 Act, of drug trafficking and, in . .
Cited – In re Phelps CA 1980
The intestate’s widow notified her husband’s personal representative that she had elected to exercise her statutory right to the matrimonial home. At first instance, Foster J held that the words ‘in or towards satisfaction’ were only applicable . .
See Also – Sawyer and others v Ahsan EAT 14-Jul-1999
. .
See Also – Carter (Sued on Her Own Behalf of the Other Members of the Labour Party) v Ahsan EAT 23-Apr-2004
EAT Race Discrimination – Comparison. . .
See Also – Carter (Formerly McDonagh (General Secretary of, and on Behalf the Labour Party v Ahsan EAT 11-Feb-2004
EAT Practice and Procedure – Appellate jurisdiction . .
Cited – Carter (Formerly McDonagh (General Secretary of, and on Behalf the Labour Party) v Ahsan EAT 11-Feb-2004
EAT Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke. . .
Cited by:
Appeal from – 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 . .
Cited – Stockton on Tees Borough Council v Aylott EAT 11-Mar-2009
EAT JURISDICTIONAL POINTS
Extension of time: just and equitable
2002 Act and pre-action requirements
DISABILITY DISCRIMINATION
Disability related discrimination
Direct disability . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 September 2021; Ref: scu.229689
