Three Defence employees sought to bring claims of variously race and sex discrimination against the Ministry. In each case their services were provided almost entirely abroad, and the defendant argued that there was no jurisdiction to hear the case, and that jurisdiction was not created by minimal presence here.
Held: The provisions as to jurisdiction in the two Acts are identical. The jurisdiction had to be founded at the date of the hearing. A minimal presence in the United Kingdom could not be used to found jurisdiction.
Judges:
The Honourable Mr Justice Burton
Citations:
UKEAT/1385/01, [2004] UKEAT 1385 – 01 – 1006
Links:
Statutes:
Race Relations Act 1976, Sex Discrimination Act 1975
Citing:
Cited – Carver (Nee Mascarenhas) v Saudi Arabian Airlines CA 17-Mar-1999
The applicant was recruited in Saudi Arabia in 1986 as a flight attendant under a contract expressed to be subject to Saudi Arabian law. After being trained in Jeddah, and then employed in India for four years, she was transferred to be based in . .
Cited – Haughton v Olau Line (UK) Ltd CA 1986
The applicant was a cashier on a ship. She made a complaint of sex harassment and discrimination. The defendant denied that the court had jurisdiction because she worked abroad.
Held: Her work was done mainly outside Great Britain.
Neill . .
Cited – Carter (Formerly McDonagh (General Secretary of, and on Behalf the Labour Party v Ahsan EAT 11-Feb-2004
EAT Practice and Procedure – Appellate jurisdiction . .
Cited – Fairchild v Glenhaven Funeral Services Ltd and Others, Dyson and Another v Leeds City Counci CA 11-Dec-2001
Where a claimant suffered mesothelioma, contracted whilst working with asbestos, but the disease may have been contracted from inhalation at different times, and with different employers, his claim must fail since it was not possible to identify . .
Cited – Duke v GEC Reliance Systems Limited CA 16-Feb-1987
The court was said to have failed to have proper regard to a European Directive.
The court discussed the meaning of the phrase ‘per incuriam’: ‘I have always understood that the doctrine of per incuriam only applies where another division of . .
Cited – Regina v Immigration Appeal Tribunal, Ex parte Kassam CA 1980
Discrimination was alleged against the immigration authorities.
Held: In dealing with people coming in under the immigration rules, the immigration authorities were not providing ‘services’ within the meaning of the Act. The words the . .
Cited – Savjani v Inland Revenue Commissioners CA 1981
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 . .
Cited – Regina v Entry Clearance Officer, Bombay, Ex parte Amin HL 1983
The House was asked whether the grant of special vouchers under the special voucher scheme introduced came within section 29 of the 1975 Act. Acts performed pursuant to a government function did not come within the meaning of service. Discrimination . .
Cited – The Confederation of Passenger Transport UK v The Humber Bridge Board and the Secretary of State for Transport Local Government and the Regions CA 25-Jun-2003
Regulations specifying the tolls for the Humber Bridge did not mention a charge for large buses.
Held: The same rules had to be applied in construing statutory instruments as applied in construing statutes. The explanatory note issued with the . .
Cited – Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions HL 19-Jun-2003
The court considered whether discriminatory acts after the termination of employment were caught by the respective anti-discrimination Acts. The acts included a failure to give proper references. They pursued claims on the basis of victimisation . .
Cited – General Council of British Shipping v Deria and Others 1985
Where an Industrial Tribunal’s decision could not be reviewed because under the rules, the new evidence had been available, a review based on the new evidence should only be granted where there existed some mitigation causing the failure to bring . .
Cited – HIH Casualty and General Insurance Limited and others v Chase Manhattan Bank and others HL 20-Feb-2003
The insurance company had paid claims on policies used to underwrite the production of TV films. The re-insurers resisted the claims against them by the insurers on the grounds of non-disclosure by the insured, or in the alternative damages for . .
Cited by:
Appeal from – Saggar v Ministry of Defence CA 27-Apr-2005
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 . .
Lists of cited by and citing cases may be incomplete.
Discrimination, Armed Forces
Updated: 11 June 2022; Ref: scu.198441