A teacher of Hong Kong national origin was refused qualified teacher status in this country because the Secretary of State had not exercised a power conferred on him by the relevant regulations to treat her Hong Kong qualifications as equivalent to the necessary UK qualifications. The refusal was alleged to constitute indirect racial discrimination. The Secretary of State argued, and the majority in the Court of Appeal had held, that the Secretary of State was entitled to rely on s. 41 (1) (b) because the decision complained of was taken under powers conferred by a statutory instrument.
Held: A discriminatory act is only saved by the subsection if it is mandated by the statutory provision, or by the arrangements in question.
Judges:
Lord Lowry
Citations:
[1990] ICR 511, [1991] 1 AC 171, [1990] 3 WLR 42, [1990] UKHL 15, [1990] 2 All ER 513, [1990] IRLR 302
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Hampson v Department of Education and Science CA 1989
Balcombe LJ said: ‘In my judgment ‘justifiable’ requires an objective balance between the discriminatory effect of the condition and the reasonable needs of the party who applies the condition.’ The task of the Tribunal hearing such a complaint is . .
Cited by:
Cited – Mohammed, Regina (on the Application of) v Secretary of State for Defence CA 1-May-2007
In 2000, the defendant introduced a policy to make compensation payments for those British services personnel who had been imprisoned by the Japanese in the second world war. The appellant, a citizen of Pakistan had served in the Indian Army, was . .
Cited – O’Hanlon v Revenue and Customs CA 30-Mar-2007
The claimant suffered depression, and complained that the respondent’s reduction in her pay after long periods of sickness was discriminatory. She appealed decisions that it was not. She said that a reasonable adjustment would have been to continue . .
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.
Employment, Discrimination
Updated: 11 June 2022; Ref: scu.199767