The seller sold aluminium to the defendant, but included a clause under which they retained title in the materials sold, even if mixed in with manufactured goods, until they had been paid for the metal. The defendants appealed a finding that the receivers held the proceeds of sale of the manufactured goods on trust for … Continue reading Aluminium Industrie Vaassen B V v Romalpa Aluminium Ltd: CA 16 Jan 1976
The claimant had been struck from the register of nurses after convictions arising from failures of his staff at his nursing home with regard to drug management. He had then brought claims of unlawful race discrimination against the health authority and against the respondent. Those claims had been dismissed as frivolous, no valid comparator having … Continue reading Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting: CA 6 Dec 2001
An Asian member of the respondent association of taxi cab operators secretly recorded conversations with other members to gather evidence for a claim under the Act. He was expelled from the association for this conduct. He alleged race discrimination and victimisation. Held: The issue was whether the act was an act of discrimination. The association … Continue reading Aziz v Trinity Street Taxis Ltd: CA 26 Feb 1988
E challenged the admissions policy of a school which admitted by preference children acknowledged to be Jewish by the Office of their Rabbi. His mother being Jewish by conversion in a progressive synagogue, E was excluded. The claimant suggested that the policy ‘elides the grounds of an act with its motive, whereas what the legislation … Continue reading E, Regina (On the Application of) v The Governing Body of JFS and Another: CA 25 Jun 2009
EAT Race Discrimination : DirectDetrimentDiscrimination by other bodiesAt a pre-hearing review an Employment Judge held that the Employment Tribunal had no jurisdiction to determine a doctor’s claims of race discrimination and harassment. She held that the Medical Act 1983 and judicial review provided ‘an appeal or proceedings in the nature of an appeal’ from such … Continue reading Uddin v General Medical Council and Others: EAT 14 Feb 2013
The claimant was a Pakistani member of the Labour Party. He had sought selection as parliamentary candidate, but allegations had been made about behaviour of members in the Pakistani community in his ward and the local party had been suspended. A candidate was deliberately chosen who was not a member of that community. The claimant … Continue reading Watt (Formerly Carter) v Ahsan: HL 21 Nov 2007
The employer had dismissed an employee who had refused to comply with a discriminatory instruction by the employer to exclude blacks from the employer’s amusement centre. The tribunal at first instance had found that that was a dismissal ‘on racial grounds’, notwithstanding that the dismissed employee was white. Held: The employer’s appeal failed. The Appeal … Continue reading Showboat Entertainment Centre v Owens: EAT 28 Oct 1983
The claimant, a male to female transsexual, challenged a decision by the respondent to refuse breast augmentation treatment. The Trust had a policy ‘GRS is a Low Priority treatment due to the limited evidence of clinical effectiveness and is not routinely funded.’ Held: The claim for judicial review failed. There was no general medical concensus … Continue reading AC v Berkshire West Primary Care Trust, Equality and Human Rights Commissions intervening: Admn 25 May 2010
Dyson LJ considered the interaction between race relations law and planning permission in the context of gypsy encampments. He looked at section 71 of the 1976 Act and said: ‘In my judgment, it is important to emphasise that the section 71(1) duty is not a duty to achieve a result, namely to eliminate unlawful racial … Continue reading Baker and Others, Regina (on the Application of) v Secretary of State for Communities and Local Government and Others: CA 28 Feb 2008
The Council applied for the committal of the defendant for an alleged breach of a without notice injunction. Notice of the injunction had been placed at the site, requiring nobody to move caravans onto the land. Held: The application succeeded. Having examined the case law the need for committal was established. The defendant was to … Continue reading Broxbourne Borough Council v Robb and Others: QBD 27 Jun 2011
EAT RACE DISCRIMINATION – VictimisationThe judgment of this Tribunal in Martin v Devonshire Solicitors  ICR 352 should not be used as a template into which to fit the factual aspects of a case in which victimisation was alleged. It related to exceptional circumstances and Employment Tribunals need to be cautious about regarding features such … Continue reading Woodhouse v West North West Homes Leeds Ltd (Race Discrimination): EAT 5 Jun 2013
The applicant sought judicial review of the defendant’s refusal to employ him to work at GCHQ, which had a policy not to employ anyone with non-British parents save exceptionally. The claimant said this was racially discriminatory.
Held: The . .
EAT Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke. . .
The appellant’s allegations of racial discrimination had been dismissed. He argued that the reasons given were inadequate. Because such claims are often unusually sensitive to the particular facts, it can be more important for the tribunal to deal . .
The applicant had succeeded in an action for race discrimination against the respondents. By the conclusion of those proceedings he was no longer employed, and sought a reference. It was refused. He issued new proceedings asserting that this was an . .
The claimant sought to assert race discrimination by the Labour Party in not selecting him as a political candidate. The defendant, chairman of the party appealed.
Held: A political party when selecting candidates was not acting as a . .
The applicants sought selection as candidates for the Labour Party. The respondent asserted that such issues were not ones of employment, and therefore not covered by the Act, and appealed a finding of the EAT against them.
Held: Sawyer was . .
The case concerned the applicability of the race and disability discrimination law to appointments to statutory offices, particularly as to whether any remedy was provided for infringement. It was suggested that such appointments did not constitute . .
The appellant had applied for a secondment as a Registrar of Companies of Anguilla. The appointment was made with others by the Respondent, his current employers, as agent for the government of Anguilla. He alleged race discrimination and . .
The court was asked as to the duty of local housing authorities towards homeless people who claim to be ‘vulnerable’, and therefore to have ‘a priority need’ for the provision of housing accommodation under Part VII of the Housing Act 1996. Those . .
The claimant said that a scheme drawn by the defendant for compensating British civilians interned by the Japanese during the second world war was indirectly discriminatory on racial grounds by requiring a national origin link with the UK. She had . .
The Claimant complained to an industrial tribunal of unlawful racial discrimination. He had suffered a nervous breakdown and was certified as unfit for work due to stress. The employer had compromised all claims justiciable by the Employment . .
This case concerns gipsies, and whether they are a racial group within the Race Relations Act 1976 . . .
Appeal at the instance of the Lord Chancellor and his department against the decision of the Employment Tribunal that in the selection of a special adviser he contravened the provisions in respect of the first respondent, as she now is, the Sex . .
The applicants had come to the UK after being excluded from their own island of Chagos. They sought judicial review of the refusal of Job Seekers’ Allowance after a finding that they were not resident here. . .
Application for leave to appeal against dismissal of complaint of race discrimination and unfair dismissal. . .
The applicant sought leave to appeal against a decision disallowing his complaint at his claim for race discrimination being struck out as scandalous, frivolous or vexatious. He said that the Tribunal had dismissed his claim without giving him . .
The claimant appealed dismissal of his claim for race discrimination, saying that the defendant had failed to comply with its own disciplinary procedures. She had been accused of making inappropriate remarks after 9/11. The EAT had found that the ET . .
The employee appealed a finding that the employer had not discriminated against her, saying that the tribunal had refused an adjournment.
Held: The refusal or grant of an adjournment was a matter within the discretion of a tribunal in . .
The Respondent had authorised immigration officers to act in a way which would otherwise be a discrimination against Tamils under the 1976 Act. They complained that authorisations had been effectively and unlawfully delegated.
Held: The . .
EAT JURISDICTIONAL POINTS- Agency relationships
Injury to feelings
Accepted, in line with EAT authority, that common law agency principles apply to Race Relations . .
Store setting terms for concessionaire to employ staff liable for racial discrimination in election of staff by concessionaire. . .
EAT Race Discrimination : Continuing Act – The Claimant complained of entries made on Facebook by work colleagues, said to be acts of discrimination on the grounds of disability and nationality. He was found to . .
The applicant alleged that his rights had been infringed by his dismissal from his post as driver transporting children and adults with physical and/or mental disabilities. He had stood for election as a candidate for the British National Party, a . .
EAT RACE DISCRIMINATION – Race Relations: jurisdiction
This appeal is concerned with the application of section 68 of the Race Relations Act 1976. The Employment Tribunal held, on a Pre-Hearing Review, that . .
The claimant applied for leave to bring an action for race discrimination nine years after the acts complained of. Leave was granted. The respondent said the tribunal should have heard the complaint first before deciding to extend time.
Held: . .
The claimant’s brother had died whilst in custody. Prosecutions of police officers had failed, and the claimant alleged that Crown Prosecution Service had been negligent and discriminatory in its conduct of the prosecution. . .
EAT RACE DISCRIMINATION
Appeal by the Hospital Trust on grounds that (a) there was a failure to construct a true hypothetical comparator (b) there was a . .
EAT Jurisdictional Points : 2002 Act and Pre-Action Requirements – Claims under the Race Relations Act 1976 – Judge wrong to hold that employee had failed to lodge a relevant grievance for the purpose of section . .
EAT Race Discrimination – Discrimination by other bodies
Practice and Procedure – Amendment
(a) The Employment Tribunal correctly held it had no jurisdiction to hear Claimant’s case brought under the . .
EAT RACE DISCRIMINATION: Aiding and abetting
Issues relating to s11 and s33 Race Relations Act 1976 correctly dealt with by a Tribunal on a striking-out application. . .
EAT PRACTICE AND PROCEDURE – Striking-out/dismissal
Consideration of ss.12(1A) and 27A Race Relations Act 1976. Employment Judge correct in striking out Claimant’s . .
EAT Race Discrimination : Direct – Indirect – Continuing act
The Employment Tribunal was correct to find that it had no jurisdiction to entertain claims for direct and indirect discrimination on the grounds . .
Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh.
Held: Earlier comparable applications had been made under human rights . .
EAT RACE DISCRIMINATION – Burden of proof
The Employment Tribunal did not apply section 54A(2) of the Race Relations Act 1976. The facts upon which the Claimant relied, taken as a whole were such that the . .
The claimant was employed by the Army. He claimed that he was racially discriminated against because the army refused to provide him with Halal meat.
Held: The 1976 Act first required the applicant to have exhausted the Army’s own internal . .
The claimant had succeeded in her claim for constructive unfair dismissal, and of sex and race discrimation at the tribunal. The EAT reversed the discrimination findings saying that the claimant had not set them out in her ET1, and the Tribunal had . .
EAT RACE DISCRIMINATION
Burden of proof
Procedural fairness / automatically unfair dismissal
The Employment Tribunal misdirected themselves . .
The court was asked whether the statutory burden of proof in a case of alleged direct race discrimination was properly understood and applied by the Employment Tribunal in accordance with section 54A(2) of the Race Relations Act 1976, as amended. . .
EAT TRADE UNION RIGHTS – Action short of dismissal
VICTIMISATION DISCRIMINATION – Other forms of victimisation
The Employment Tribunal did not err in failing to determine the Appellant’s claim under . .
EAT VICTIMISATION DISCRIMINATION
SEX DISCRIMINATION – Burden of Proof
Ex-employee given unfavourable reference – Claim that terms of reference were partly on account of her having previously brought . .
EAT PRACTICE AND PROCEDURE
An originating application must be read as a whole to ascertain whether it contains a particular . .
EAT JURISDICTIONAL POINTS
Working outside the Jurisdiction
Hong Kong based cabin crew employed on Hong Kong to London flights. Whether working partly at an establishment in Great Britain for purposes . .
EAT RACE DISCRIMINATION: Discrimination by other bodies
PRACTICE and PROCEDURE: Costs
Claims brought under ss12 and 13 Race Relations Act 1976. Properly struck out by Employment Tribunal under Rule . .
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 . .
EAT VICTIMISATION DISCRIMINATION
PRACTICE AND PROCEDURE
New evidence on appeal
The Employment Tribunal was right to reject the Claimant’s victimisation claim. It disbelieved her . .
EAT RACE DISCRIMINATION: Direct / Burden of proof
PRACTICE AND PROCEDURE: Appellate jurisdiction/reasons/Burns-Barke
Numerous complaints of direct . .
EAT PRACTICE AND PROCEDURE: Case management
UNFAIR DISMISSAL: Constructive dismissal
RACE DISCRIMINATION: Burden of proof
An Employment Tribunal did not err in law when it upheld the Claimant’s . .
EAT RACE DISCRIMINATION – Inferring Discrimination
Tribunal wrong to apply test in King v Great Britain-China Centre  ICR 516 instead of applying s.54A of Race Relations Act 1976 on the basis that the . .
EAT RACE DISCRIMINATION
Aiding and abetting
The Employment Tribunal erred in law in finding that a contract worker made the Claimant’s employer liable for direct race . .
EAT RACE DISCRIMINATION: Contract workers
Leeds contracted with WN for WN to provide housing services. WN contracted with Leeds for a department of Leeds to provide housing services back to WN so that WN . .
EAT SEX DISCRIMINATION: Burden of proof
RACE DISCRIMINATION: Inferring discrimination
Tribunal found Claimant to have suffered both sex and race discrimination in course of her employment as a . .
EAT PRACTICE AND PROCEDURE: Striking-out/dismissal
VICTIMISATION DISCRIMINATION: Other forms of victimisation
The Employment Judge wrongly struck out the Claimant’s claim of victimisation under the . .
EAT JURISDICTIONAL POINTS: Extension of time: just and equitable
In considering whether it is just and equitable to exercise its discretion under Section 68 of the Race Relations Act 1976 to extend the time . .
The court considered the use of injunctions to restrain breaches of planning control. The applicants were gypsies who had taken up occupation of land in mobile homes. The respondent had given them twelve months for them to find alternative . .
EAT RACE DISCRIMINATION: Direct / Burden of proof / Other losses
PRACTICE AND PROCEDURE: Delay in ET judgment
STATUTORY DISCIPLINE and GRIEVANCE PROCEDURES: Impact on compensation
C, aged 40, . .
EAT RACE DISCRIMINATION: Direct
PRACTICE AND PROCEDURE: Appellate jurisdiction< br />On application of Race Relations Act 1976 the Employment Tribunal did not err in rejecting the Claimant’s complaint that, . .
EAT Sex Discrimination – Inferring Discrimination
The claimant sought compenstion for sex discrimination. She appealed a finding of a material factor justifying the difference in pay.
Held: The new . .
EAT RACE DISCRIMINATION
CONTRACT OF EMPLOYMENT
Appellant wrongly and unreasonably accused by employers of sexual harassment. Employers accept his denial but instruct him not . .
Application for leave to appeal. . .
EAT VICTIMISATION DISCRIMINATION:
Reasonableness of dismissal
Reason for dismissal for purposes of (a) s2 RRA victimisation claim and (b) unfair dismissal. . .
The court was asked as to whether the provisions for the reversal of the burden of proof in discrimination cases was limited to findings of discrimination or extended also to issues of victimisation, and as to whether section 5A had properly . .
EAT Race discrimination
The burden of proof in section 54A of the Race Relations Act 1976 does not apply to cases of direct discrimination on the grounds of nationality or colour. In such cases the less . .
The professor had sought time off to represent another lecturer claiming race discrimination against the University. The University said that her behaviour created a conflict of interest with the University. She continued and herself claimed . .
EAT Unfair dismissal – Procedural fairness/automatically unfair dismissal
Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke
Race discrimination – Direct / Burden of proof / . .
Burden of proof
Appeal – Perversity challenge on finding important for remedy.
Cross-Appeal – Did ET misdirect itself on burden of proof on victimisation claim.
As a . .
EAT The appellant lodged claims under the Race Relations Act 1976 against the First Respondent. He contended they were in time. The ET held that they had been lodged a day out of time and refused to extend time . .
EAT Practice and Procedure – 2002 Act and Pre-action Requirements
Has the Claimant complied with Step 1 of the statutory grievance procedure where he presents his complaint at a meeting with his line . .
A private school had refused to admit the claimant, a sikh, because he would be unable to wear the school uniform. He claimed racial discrimination. The school denied that being a Sikh was a membership of a racial or ethnic group.
Held: Sikhs . .
The claimant appealed dismissals of his claim for race discrimination, harassment and victimisation. In a new job, other team members said they were uncomfortable alone with him, and his probationary period was extended because of his failure to fit . .
EAT Practice and Procedure – Compromise
1. On the true construction of a compromise agreement in respect of claims arising on the termination of the contract of employment, claims arising during the . .
EAT Practice and Procedure – Application/Claim
The Claimant, a doctor, put forward a complaint to the Tribunal that the MDU, his professional body, had been guilty of race discrimination in the manner in . .
The testatrix left a will anticipating making another. The court was asked whether a clause leaving her estate to ‘be taken over by the Diocese of Westminster to hold in trust for the Black community of Hackney’ was valid.
Held: The gift was . .
The claimant appealed against rejection of her claim for race discrimination as having been made out of time. . .
EAT The claimant alleged that she had been victimised contrary to the provisions of s.2(1) of the Race Relations Act 1976. The tribunal were satisfied that the claimant had carried out a protected act and that . .
The claimant sought to allege race discrimination and appealed refusal by the respondents to release required documents. She had been turned down for an appointment to the Trident task force, and sought disclosure of the reasons. The respondent said . .
The employee claimed that he had been discriminated against. He had stood as a candidate in local elections for the British National Party (BNP) party. His employers had dismissed him saying that his propagation of racially discriminatory polices . .
The parties to the action had given cross undertakings to support the grant of an interim injunction. A third party subsequently applied to be joined, and now sought to take advantage of the cross undertakings to claim the losses incurred through . .
EAT Unlawful Deduction From Wages and Race Discrimination: Post-Employment
The Employment Tribunal erred in construing ‘full salary’ payable on the suspension of the Claimant as fettering the employee’s . .
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 . .
The claimant sought to bring an action for race discrimination. The defendant argued that the alleged acts of discrimination took place whilst he was on a posting abroad in Cyprus after serving 16 years in England, and that therefore the tribunal . .
A flat was sold, but before the purchasers registered the transfer, the seller was sequestrated, and his trustee registered his own interest as trustee. The buyer complained that the trustee was unjustly enriched.
Held: The Act defined the . .
EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirements
Whether the statutory grievance procedure applies to a claim of post-termination victimisation. It does.
A claim alleging victimisation . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Regulations under which payments were made for funeral benefits were not susceptible to a challenge under the Race Relations Act, since they were an act of the Crown. Citations: Gazette 08-Feb-1995, Times 15-Nov-1994 Statutes: Race Relations Act 1976 20 Jurisdiction: England and Wales Cited by: Appeal from – Nessa v Chief Adjudication Officer CA 5-Feb-1998 … Continue reading Regina v Secretary of State for Social Security Ex Parte Nessa: QBD 15 Nov 1994
The claimant sought damages from the respondents. The case was listed to be heard over 25 days, but she sought an adjournment because of her own ill health. She appealed a refusal of the adjournment. The adjournment was refused on several grounds, including the great age of the action, and the need for a speedy … Continue reading C Maloney v London Borough of Hammersmith and Fulham; C Whatford; Governing Body of Hammersmith School and D A Williams: CA 7 May 1999
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 certification’ convey with reasonable clarity the idea of (a) some sort of status conferred on an employee … Continue reading Department of the Environment for Northern Ireland v Bone: 15 Sep 1993
The question arose as whether the Inland Revenue were concerned with the provision of services in their activities relating to the adminsitration of the taxation system, so as to bring them within section 20 of the 1976 Act. Held: They were providing services.Templeman LJ said: ‘The Race Relations Act 1976 undoubtedly poses and is continually … Continue reading Savjani v Inland Revenue Commissioners: CA 1981