Kelly v Northern Ireland Housing Executive; Loughran v Northern Ireland Housing Executive: HL 29 Jul 1998

Provisions against discrimination on religious grounds in Northern Ireland, could apply to appointment of a firm to a panel of experts, where one person was designated to carry out that work. ‘it is essential, for there to be ’employment,’ that the person making the contract shall himself undertake to do, at any rate, some of the work or labour. ‘ The notice of appointment referred to the individual qualifications of the person nominated, even though the appointment was of a firm. The Interpretation Act required a ‘person’ to include a body corporate or incorporate, and the Act intended a wide interpretation of employment. However, the non-appointment was not a refusal to confer a qualification under the Act.


Lord Slynn of Hadley, Lord Griffiths, Lord Lloyd of Berwick, Lord Steyn, Lord Clyde


Times 14-Sep-1998, Gazette 23-Sep-1998, [1998] 3 WLR 735, [1998] UKHL 33, [1999] 1 AC 428, [1998] ICR 828, [1998] NI 240, [1998] IRLR 593


House of Lords, Bailii


Fair Employment (Northern Ireland) Act 1976 17, Interpretation Act 1978


Northern Ireland


AdoptedMirror Group Newspapers v Gunning CA 1985
The claimant sought to have transferred to her, her father’s agency for the wholesale distribution of Sunday newspapers. The claimant alleging sex discrimination after being refused. The company said that she was not an employee within the 1975 Act. . .
CitedRyder v Warde 1848
A person who undertakes work and employs several or many men to do, or to assist in doing, the work is not an artificer or workman for the purposes of the Truck Act which prohibited payment other than in the currency of the realm. . .
CitedSharman v Sanders 25-Jan-1853
A contract which employed one person, but anticipated that the services required might be carried out by his employees did not fall within the Truck Acts. . .
CitedTanna v Post Office EAT 1981
The applicant sought appointment as a post-master, and claimed race discrimination when the respondent failed to interview or appoint him. He was required only to provide premises and to ensure that services were provided without being obliged . .
CitedIn re Northern Ireland Electricity Services Application 1987
A company complained that it had been refused a tender for work because of discrimination on the ground of religious belief or political opinion since the unions on the site refused to work with the company’s employees, the unions believing the . .
CitedRegina v Department of Health, Ex parte Ghandi 1991
A claim was brought under the section which provides that it is unlawful ‘for an Authority or Body which can confer an authorisation for, or facilitates, engagement in a particular profession or trade to discriminate.’ It was claimed that there had . .
CitedDr Tattari v Private Patients Plan Limited CA 8-Jul-1997
Health insurer is not body providing qualification to carry on profession or trade and not liable as such in race discrimination laws. . .
CitedMcLoughlin v Queen’s University of Belfast CANI 1995
The words ‘registration’ and ‘enrolment’ refer in our opinion to variants of conferment of qualifications upon persons who thereby achieve some status in relation to their work or the work which they propose to do.’ . .
CitedDepartment of the Environment for Northern Ireland v Bone 15-Sep-1993
The court was asked as to the meaning of ‘qualification’ when considered under the Act: ‘It is our view that the word ‘qualification’ itself and the other words in the definition viz ‘authority, recognition, registration, enrolment, approval and . .

Cited by:

CitedMingeley v Pennock and Another (T/A Amber Cars) CA 9-Feb-2004
The claimant taxi driver sought to assert race discrimination. The respondent argued that he had not been an employee, but an independent contractor. The Claimant owned his own vehicle and paid the respondents minicab operators pounds 75 per week . .
CitedJivraj v Hashwani SC 27-Jul-2011
The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 27 November 2022; Ref: scu.158964