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 wrongly decided. The party, when selecting candidates for local elections or allowing nomination to the pool from which candidates were to be selected, was not a body conferring an authorisation or qualification needed for or facilitating engagement in a profession. For section 20(1), the question was whether members of the party were a section of the public. They were not. Section 25 applied to the party.
Lord Justice Peter Gibson, Lord Justice Mantell and Lady Justice Arden
Times 11-Mar-2002, [2002] EWCA Civ 93, [2002] ICR 1026
Bailii
Race Relations Act 1976 12(1)(c) 20(1) 25
England and Wales
Citing:
Wrongly decided – Tom Sawyer and All Other Members of the Labour Party v R Ahsan EAT 5-May-1999
EAT Race Discrimination – Jurisdiction . .
Cited – Charter v Race Relations Board HL 1973
The East Ham South Conservative Club had refused on racial grounds to admit Mr Amarjit Singh Shah as a member. The Board brought proceedings under section 2(1). But the club said that they were not supplying anything to the public. They were a . .
See also – Sawyer and others v Ahsan EAT 14-Jul-1999
. .
Appeal from – Mcdonagh (Sued on Her Own Behalf and on Behalf of All Other Members of the Labour Party) v Z Ali H S Sohal EAT 10-Apr-2000
The applicants were suspended from membership of the Labour party. As a result they were unable to stand for election as councillors. They alleged racial discrimination.
Held: The position as councillor fell within the Act, and the claim for . .
Cited by:
Appealed to – Mcdonagh (Sued on Her Own Behalf and on Behalf of All Other Members of the Labour Party) v Z Ali H S Sohal EAT 10-Apr-2000
The applicants were suspended from membership of the Labour party. As a result they were unable to stand for election as councillors. They alleged racial discrimination.
Held: The position as councillor fell within the Act, and the claim for . .
Cited – Ahsan v Carter CA 28-Jul-2005
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 . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 September 2021; Ref: scu.167745