The court considered what actions could found a claim for racial discrimination: ‘What has to be enquired into is the reason why a particular course was adopted: the question is was it on racial grounds?’ The court deprecated any consideration of motive: ‘It will be discriminatory even though the motive lying behind it did not necessarily involve a prejudice of a racial kind.’
Judges:
Browne-Wilkinson P
Citations:
[1982] IRLR 281, [1982] ICR 256
Jurisdiction:
England and Wales
Cited by:
Cited – A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service EAT 27-Jul-2005
The claimant said that he had been indirectly discriminated against on racial grounds. He was dismissed after being elected as a local councillor for the BNP. The employer considered that for Health and Safety reasons, his dismissal was necessary . .
Cited – Amnesty International v Ahmed EAT 13-Aug-2009
amnesty_ahmedEAT2009
EAT RACE DISCRIMINATION – Direct discrimination
RACE DISCRIMINATION – Indirect discrimination
RACE DISCRIMINATION – Protected by s. 41
UNFAIR DISMISSAL – Constructive dismissal
Claimant, of . .
Lists of cited by and citing cases may be incomplete.
Discrimination
Updated: 10 May 2022; Ref: scu.229843