The claimant sought damages for discrimination by the respondent, who replied that as a professional he was not a ‘worker’ within the legislation.
Held: The respondents were a society providing advice and representation to its members. It was an organisation of workers. To fall within the ambit of the category of ‘any other organisation’ the society could have fallen within either of the other sub-sections. It could not fall into two sub sections, and the decision of the tribunal and EAT were wrong in law. A professional worker was still a worker, and the society fell within paracgraph 11(1)(a). S78 defined a worker as including ‘any vocation or occupation’ The employment tribunal had jurisdiction to hear the complaint.
Judges:
Kay, Lord Justice Kay Lord Justice Latham The President Of The Family Division
Citations:
[2004] EWCA Civ 865, Times 02-Sep-2004
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – The Medical Protection Society Dr S Bown Dr Hickey v Dr Saher Sadek EAT 4-Nov-2003
EAT Race Discrimination – Discrimination by other bodies
EAT Race Discrimination – Discrimination by other bodies. . .
Lists of cited by and citing cases may be incomplete.
Health Professions, Discrimination
Updated: 11 June 2022; Ref: scu.198682
