The applicant had succeeded in an action for race discrimination against the respondents. By the conclusion of those proceedings he was no longer employed, and sought a reference. It was refused. He issued new proceedings asserting that this was an act of victimisation. The respondent answered that since he was no longer employed by them, any act was outside the scope of the Act. He argued that for claims under section 2 no mention was made of a condition of employment.
Held: Clear authority required the right to be restricted to acts during employment. Though this might be unfortunate, it was for Parliament to change.
EAT Race Discrimination – Victimisation
The Honourable Mr Justice Wall
EAT/0586/00
Race Relations Act 1976 2(1)(a) and (c); 1(1)(a) and 4(2)(b)
England and Wales
Updated: 13 September 2021; Ref: scu.168360
