BBC Scotland v Souster: SCS 7 Dec 2000

English and Scottish are Separate Racial Groups

The English and Scottish peoples are recognised as separate racial groups. Discrimination on the basis that someone was English or Scottish was therefore discrimination for the purposes of the 1976 Act. Since Parliament had not amended or defined the concept of national origins when passing the 1976 Act, then in accordance with the principle in Barras v Aberdeen Steam Trawling and Fishing Company Limited, it should be presumed that Parliament intended the concept to have the same meaning as had been elucidated in their Lordships’ House.


Lord Cameron of Lochbroom and Lord Marnoch and Lord Nimmo Smith


[2000] ScotCS 308, [2001] IRLR 150, [2001] SC 458




Employment Tribunals Act 1996 37, Race Relations Act 1976




AppliedBarras v Aberdeen Steam Trawling and Fishing Co HL 17-Mar-1933
The court looked at the inference that a statute’s draughtsman could be assumed when using a phrase to rely on a known interpretation of that phrase.
Viscount Buckmaster said: ‘It has long been a well established principle to be applied in the . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Leading Case

Updated: 06 June 2022; Ref: scu.169155