A police sergeant had made a complaint of race discrimination against his force. He applied for a post elsewhere, but his chief constable refused a reference claiming that he wished not to prejudice the force’s defence of the action. This was held not to be discrimination itself, but it was victimisation arising from the pursuit of the action. He was treated differently because of the action asserting his rights under the Act. The comparator was chosen by reference to what was requested, not the reason why it was not done.
Citations:
Times 15-Mar-2000, [2000] EWCA Civ 53, [2000] ICR 1169
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – West Yorkshire Police and others v Khan EAT 28-Jul-1998
. .
Cited by:
Appealed to – West Yorkshire Police and others v Khan EAT 28-Jul-1998
. .
Appeal from – Chief Constable of West Yorkshire Police v Khan HL 11-Oct-2001
The claimant was a police sergeant. After many years he had not been promoted. He began proceedings for race discrimination. Whilst those were in course, he applied for a post elsewhere. That force wrote to his own requesting a reference. In the . .
Cited – Coutts and Co Plc Royal Bank of Scotland v Paul Cure Peter Fraser EAT 6-Aug-2004
The applicants complained of less favourable treatment as fixed term workers in that they had not been paid a non-contractual bonus. The employer said the claim was out of time, and appealed a finding against it.
Held: Time ran from the date . .
Lists of cited by and citing cases may be incomplete.
Discrimination, Employment, Police
Updated: 23 May 2022; Ref: scu.135786
