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Gentle, Regina (on the Application of) and Another v The Prime Minister and Another: HL 9 Apr 2008

The appellants were mothers of two servicemen who had died whilst on active service in Iraq. They appealed refusal to grant a public inquiry. There had already been coroners inquests. They said that Article 2 had been infringed. Held: The appeal was dismissed. The right to an inquiry was procedural and depended first on the … Continue reading Gentle, Regina (on the Application of) and Another v The Prime Minister and Another: HL 9 Apr 2008

Hewage v Grampian Health Board: SC 25 Jul 2012

The claimant had been employed as a consultant orthodontist. She resigned claiming constructive dismissal and sex and race discrimination. The EAT reversed the findings on discrimination saying that they had not been sufficiently pleaded. The Court of Session re-instated the discrimination findings and the Board now appealed. Held: The Board’s appeal failed. Although the positions … Continue reading Hewage v Grampian Health Board: SC 25 Jul 2012

Anyanwu and Another v South Bank Student Union and Another: HL 24 May 2001

The university had imposed a new constitution on its students union, which resulted in the dismissal of the claimant. He sought to assert racial discrimination. Held: The concept of ‘aiding’ somebody in committing discriminatory behaviour under the section, connoted assistance beyond the negligible, but did not need to be substantial or productive. The word should … Continue reading Anyanwu and Another v South Bank Student Union and Another: HL 24 May 2001

Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting: CA 6 Dec 2001

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

Aziz v Trinity Street Taxis Ltd: CA 26 Feb 1988

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, Regina (On the Application of) v The Governing Body of JFS and Another: CA 25 Jun 2009

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

Uddin v General Medical Council and Others: EAT 14 Feb 2013

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

AC v Berkshire West Primary Care Trust, Equality and Human Rights Commissions intervening: Admn 25 May 2010

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

Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Manelfi: Admn 25 Oct 1996

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 . .

Carter (Formerly McDonagh (General Secretary of, and on Behalf the Labour Party) v Ahsan: EAT 11 Feb 2004

EAT Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke. . .

Ma v Shasonic Ltd: EAT 16 Jul 2001

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 . .

Boateng v London Borough of Hackney, Ebanja, Hinde: EAT 4 Oct 2001

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 . .

Ali and Another v Triesman (McDonagh): CA 7 Feb 2002

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 . .

Photis v Bruce, v KMC International Search and Selection, The Department of Trade and Industry, KMC International Search and Selection, The Department of Trade and Industry, the Lord Chancellor’s Department: EAT 6 Dec 2001

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 . .

Willie v Companies House: EAT 3 Aug 2001

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 . .

Hotak and Others v London Borough of Southwark and Another: SC 13 May 2015

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 . .

Secretary of State for Defence v Elias: CA 10 Oct 2006

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 . .

Regina 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 . .

Tanna 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 . .

Burnett’s Trustee v Grainger and Another: HL 4 Mar 2004

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 . .