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 employment.
Held: The Act in section 64 made the distinction, and statutory appointments were not covered by the 1995 Act. Did such a system infringe the applicant’s human rights in failing to provide a remedy? No European Law existed establishing disability discrimination as a wrong, and there was none outside the Act in English law. There was no infringement of a recognised right for the determination of which a fair trial had been refused. Similar arguments applied for the race discrimination claim. Whether this is appropriate or necessary is for Parliament to decide.
EAT Jurisdiction –
The Honourable Mr Justice Lindsay (President)
EAT/766/00, EAT/732/00
Disability Discrimination Act 1995 64(2) 68, Race Relations Act 1976, European Convention on Human Rights Art 6
England and Wales
Updated: 08 September 2021; Ref: scu.168445
