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 tribunal. Held: The employment tribunal had similar powers to the county court when hearing cases alleging the tort … Continue reading Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999
This case concerns gipsies, and whether they are a racial group within the Race Relations Act 1976 . Citations: [1988] EWCA Civ 17, [1989] 1 All ER 306, [1989] 2 WLR 17, [1989] QB 783, [1989] IRLR 8 Links: Bailii Jurisdiction: England and Wales Discrimination Updated: 20 December 2022; Ref: scu.381759
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 Discrimination Act 1975 and in respect of the second respondent, as she now … Continue reading The Lord Chancellor and Another v Coker and Another: EAT 17 Jan 2001
No Judicial Review of Decisions of Private Body Despite the wide range of its powers, the disciplinary committee of the Jockey Club remains a domestic tribunal. Judicial review is not available to a member. The relationship is in contract between the club and its member. Sir Thomas Bingham MR said: ‘No serious racecourse management, owner, … Continue reading Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992
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. Judges: Ward LJ, Thomas LJ, Wa;; LJ Citations: [2007] EWCA Civ 1086, [2008] ACD 21, [2008] 1 WLR 2762 … Continue reading Couronne and others v Bontemps and others: CA 2 Nov 2007
Application for leave to appeal against dismissal of complaint of race discrimination and unfair dismissal. Judges: Peter Gibson LJ Citations: [2001] EWCA Civ 446 Links: Bailii Statutes: Race Relations Act 1976 1(1)(a) Jurisdiction: England and Wales Employment, Discrimination Updated: 23 November 2022; Ref: scu.200861
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 had misunderstood the defendant’s procedures. Held: The appeal succeeded. The suspension had proceeded despite awareness … Continue reading H Aziz v Crown Prosecution Service: CA 31 Jul 2006
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 opportunity to present the facts on which it was based. Held: Given the decision on Roffey, the … Continue reading Balamoody v United Kingdom Central Council for Nursing: CA 14 May 2001
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 fulfillment of its case management duties. In the absence of exceptional reasons, an appeal court could … Continue reading Harrold v North Bristol NHS Trust: CA 2 Nov 2007
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 evaluations would in practice be carried out by individual immigration officers, and the decisions would be theirs. The authorisation therefore … Continue reading Regina (Tamil Information Centre) v Secretary of State for the Home Department: Admn 18 Oct 2002
EAT JURISDICTIONAL POINTS- Agency relationshipsRACE DISCRIMINATIONDirectInjury to feelingsAccepted, in line with EAT authority, that common law agency principles apply to Race Relations Act s32(1). On that basis employer appeal against agency finding upheld and set aside.Injury to feelings award manifestly excessive and wrong in principle (see Vento). Award reduced from andpound;12,000 to andpound;6,000. Judges: Peter … Continue reading Ministry of Defence v Kemeh: EAT 11 Mar 2013
Store setting terms for concessionaire to employ staff liable for racial discrimination in election of staff by concessionaire. Citations: Times 22-Jul-1997 Statutes: Race Relations Act 1976 7 Jurisdiction: England and Wales Discrimination Updated: 09 November 2022; Ref: scu.81264
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 be out of time. The Employment Judge’s decision at a PHR in part was reversed. The Employment Judge erred in … Continue reading Novak v Phones 4U Ltd: EAT 14 Sep 2012
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 party then allowing only white nationals as members. The majority of his customers and a … Continue reading Redfearn v The United Kingdom: ECHR 6 Nov 2012
EAT RACE DISCRIMINATION – Race Relations: jurisdictionThis 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 there was no reasonable prospect that a Tribunal would find the alleged acts of harassment that pre-date the Appellant’s dismissal could be found to … Continue reading Alam v London Probation Trust: EAT 15 Mar 2012
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 discretion given was to act as the tribunal thought just and equitable. There was no … Continue reading Afolabi v Southwark London Borough Council: CA 24 Jan 2003
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. Citations: [2006] EWCA Civ 1741 Links: Bailii Statutes: Race Relations Act 1976 Jurisdiction: England and Wales Discrimination, Legal Professions Updated: 22 October … Continue reading Alder v The Chief Constable of Humberside Police and others: CA 18 Dec 2006
EAT RACE DISCRIMINATION Inferring discrimination Comparison Appeal by the Hospital Trust on grounds that (a) there was a failure to construct a true hypothetical comparator (b) there was a failure to properly consider whether the treatment of the Claimant was on racial grounds under s.1(1)(a) of the Race Relations Act 1976 and (c) there were … Continue reading Central Manchester University Hospitals Nhs Foundation Trust v Browne: EAT 10 Feb 2012
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 32 of the Employment Act 2002 (dicta of Elias P in Martin v Class Security Installations Ltd that the … Continue reading Odukwe v The Partners of Hoare Lea Consulting Engineers: EAT 27 Jan 2012
EAT PRACTICE AND PROCEDURE – Striking-out/dismissalRACE DISCRIMINATIONHARASSMENTConsideration of ss.12(1A) and 27A Race Relations Act 1976. Employment Judge correct in striking out Claimant’s complaint of harassment under s.3A RRA on particular facts of this case. Judges: Peter Clark J Citations: [2011] UKEAT 0201 – 11 – 0411, [2011] UKEAT 0202 – 11 – 0411 Links: Bailii, … Continue reading Vaidya v The General Medical Council: EAT 4 Nov 2011
Judges: Mummery, Richards, Rimer LJJ Citations: [2011] EWCA Civ 1519 Links: Bailii Statutes: Race Relations Act 1976 Jurisdiction: England and Wales Citing: Appeal from – Bouzir v Country Style Foods Ltd EAT 18-May-2011 EAT RACE DISCRIMINATION – Burden of proofThe Employment Tribunal did not apply section 54A(2) of the Race Relations Act 1976. The facts … Continue reading Country Style Foods Ltd v Bouzir: CA 8 Dec 2011
EAT Race Discrimination – Discrimination by other bodiesPractice and Procedure – Amendment(a) The Employment Tribunal correctly held it had no jurisdiction to hear Claimant’s case brought under the Race Relations Act 1976 s12 against the General Medical Council as a qualifying body.(b) If it did, and if it were necessary to decide the point, the … Continue reading Tariquez-Zaman v General Medical Council: EAT 20 Dec 2006
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. Judges: Ansell J Citations: [2008] UKEAT 0270 – 08 – 1408 Links: Bailii Statutes: Race Relations Act 1976 11 33 Jurisdiction: England and Wales Employment, Discrimination Updated: 01 October … Continue reading Shestak v Royal College of Nursing and others: EAT 14 Aug 2008
EAT Race Discrimination : Direct – Indirect – Continuing actThe Employment Tribunal was correct to find that it had no jurisdiction to entertain claims for direct and indirect discrimination on the grounds of race as the claims were issued out of time, and no application had been made to extend time.Although the Employment Tribunal may … Continue reading Ruhaza v Alexander Hancock Recruitment Ltd: EAT 4 Nov 2011
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 law, but this was under the 1976 Act. The evidence established that the Sikh … Continue reading Watkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another: Admn 29 Jul 2008
EAT RACE DISCRIMINATION – Burden of proofThe 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 Tribunal could conclude in the absence of an adequate explanation that the Respondent refused or deliberately omitted to offer him … Continue reading Bouzir v Country Style Foods Ltd: EAT 18 May 2011
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 grievance procedures. He had not done so. The employment tribunal therefore had no jurisdiction to … Continue reading Mangera v Ministry of Defence: CA 19 May 2003
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 wrongly extended them, giving the respondents no fair notice. She now appealed against … Continue reading Hewage v Grampian Health Board: SCS 14 Jan 2011
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 in consequence of evidence contained in witness statements served in proceedings in the employment tribunal failed for immunity. Judges: Peter Clark HHJ Citations: [2010] UKEAT 0022 – 10 – … Continue reading Parmar v East Leicester Medical Practice: EAT 5 Nov 2010
EAT RACE DISCRIMINATION Inferring discrimination Burden of proof UNFAIR DISMISSAL Procedural fairness / automatically unfair dismissalThe Employment Tribunal misdirected themselves in applying Section 54A of the Race Relations Act 1976. They erred in holding that the burden of proof passed to the Respondents on the Claimant establishing a prima facie case that they could have … Continue reading Hammonds Llp and Others v Mwitta: EAT 1 Oct 2010
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. Held: The appeal was allowed. The ET had erred as to the law. Judges: Mummery, … Continue reading St Christopher’s Fellowship v Walters-Ennis: CA 30 Jul 2010
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 Section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 on a balance of probabilities. The Appellant had also claimed victimisation under the … Continue reading Gayle v Sandwell and West Birmingham Hospitals NHS Trust: EAT 16 Apr 2010
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 sex discrimination proceedings against employers – Claim decided by the Tribunal on basis of the ‘reverse burden of proof’ provisions of s. 63A of Sex Discrimination Act … Continue reading Pothecary Witham Weld (A Firm) and Another v Bullimore and Another: EAT 29 Mar 2010
EAT PRACTICE AND PROCEDURE Application/claim AmendmentVICTIMISATION DISCRIMINATION An originating application must be read as a whole to ascertain whether it contains a particular complaint. The Claimant who was black and dyslexic completed an ET1 without legal assistance. He ticked the Disability and the Race boxes in paragraph 6.1. In the particulars of complaint in Box … Continue reading Baker v The Commissioner of Police of The Metropolis: EAT 5 Feb 2010
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 of s.8(1) Race Relations Act 1976; reg 10(1) Age Regulations 2006. Employment Tribunal finding that they were upheld. Citations: [2010] UKEAT 0055 – 09 – … Continue reading British Airways Plc v Mak and Others: EAT 20 Jan 2010
EAT RACE DISCRIMINATION: Discrimination by other bodiesPRACTICE and PROCEDURE: CostsClaims brought under ss12 and 13 Race Relations Act 1976. Properly struck out by Employment Tribunal under Rule 18(7)(b) as having no reasonable prospect of success.Costs of aborted EAT hearing to be paid by Appellant who was wholly responsible for those wasted costs. Citations: [2009] UKEAT … Continue reading Igboaka v The Royal College of Pathologists: EAT 3 Dec 2009
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 for a radio and access to their company system, which allocated calls from customers to a … Continue reading Mingeley v Pennock and Another (T/A Amber Cars): CA 9 Feb 2004
EAT VICTIMISATION DISCRIMINATIONPRACTICE AND PROCEDURENew evidence on appealCostsThe Employment Tribunal was right to reject the Claimant’s victimisation claim. It disbelieved her allegation that she saw the solicitor representing her previous employer in her first unsuccessful race discrimination visit her current employer.The Employment Tribunal did not err when it awarded andpound;7000 costs against her, taking into … Continue reading Hooper v Sherborne School: EAT 9 Sep 2009
EAT RACE DISCRIMINATION: Direct / Burden of proof VICTIMISATION DISCRIMINATION PRACTICE AND PROCEDURE: Appellate jurisdiction/reasons/Burns-BarkeNumerous complaints of direct discrimination/victimisation under the Race Relations Act 1976 (RRA). Whether the Employment Tribunal reasoning passed the Meek test. With one exception it did not; those matters remitted to fresh Employment Tribunal for rehearing. On the question, does s.54A … Continue reading Milton Keynes General Hospital NHS Trust and Another v Maruziva: EAT 9 Oct 2009
EAT PRACTICE AND PROCEDURE: Case managementUNFAIR DISMISSAL: Constructive dismissalRACE DISCRIMINATION: Burden of proofAn Employment Tribunal did not err in law when it upheld the Claimant’s claim in part that she had been discriminated against by being excluded from a recruitment process, in which as a manager she should have been involved, on the ground of … Continue reading St Christopher’s Fellowship v Walters-Ennis: EAT 8 Oct 2009
EAT RACE DISCRIMINATION – Inferring DiscriminationTribunal wrong to apply test in King v Great Britain-China Centre [1992] ICR 516 instead of applying s.54A of Race Relations Act 1976 on the basis that the Claimant was claiming ‘colour discrimination’ – Chagger v Abbey National plc [2009] ICR 624 followed – but held that there was on … Continue reading Edozie v Group 4 Securicor Plc and Another: EAT 3 Jun 2009
EAT RACE DISCRIMINATION Aiding and abetting Contract workers The Employment Tribunal erred in law in finding that a contract worker made the Claimant’s employer liable for direct race discrimination under sections 32 and 33 of the Race Relations Act 1976. The Tribunal failed to (a) make necessary findings of fact (b) to analyse the facts … Continue reading May and Baker Ltd (T/A Sanofi-Aventis Pharma) v Okerago: EAT 17 Feb 2010
EAT RACE DISCRIMINATION: Contract workersLeeds 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 could discharge its contractual duty to Leeds. WN employed Claimant. WN supplied Claimant to Leeds. Leeds employed Mr Chapman. Pursuant to section … Continue reading Leeds City Council v Woodhouse and Others: EAT 21 Apr 2009
EAT SEX DISCRIMINATION: Burden of proofRACE DISCRIMINATION: Inferring discrimination Tribunal found Claimant to have suffered both sex and race discrimination in course of her employment as a consultant orthodontist. On appeal, Tribunal found to have failed to carry out a like for like comparison with chosen comparators and to have, wrongly, only considered Appellants’ submissions … Continue reading Grampian Health Board v Hewage: EAT 4 Feb 2009
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 Race Relations Act 1976 when, post-termination of employment, the Claimant contended the Respondent took steps to avoid paying a sum awarded by the Employment Tribunal and ordered by the County Court. … Continue reading Coutinho v Rank Nemo (DMS) Ltd: EAT 16 Sep 2008
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 for the submission of the Originating Application the Employment Tribunal should have regard to the total period of delay. Citations: [2008] … Continue reading Orchid Pubs Ltd v Griffiths: EAT 25 Sep 2008
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 accomodation. The extended time was intended to minimise disruption to the children’s education. Held: Even if … Continue reading O’Brien and others v South Cambridgeshire District Council: CA 24 Oct 2008
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, dismissed from bank ostensibly for redundancy, but the dismissal held by the Employment Tribunal to have been unfair and on racial grounds – Decision announced informally … Continue reading Abbey National Plc and Another v Chagger: EAT 16 Oct 2008
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, in context, depiction of her as Mediterranean was unlawful discrimination. Employment Appeal Tribunal procedure on appeals explained. Judges: McMullen QC J Citations: [2008] UKEAT 0006 – … Continue reading Haritaki v South East England Development Agency: EAT 22 Jul 2008
EAT RACE DISCRIMINATION Detriment CONTRACT OF EMPLOYMENT Wrongful dismissal Appellant wrongly and unreasonably accused by employers of sexual harassment. Employers accept his denial but instruct him not seek to discuss the charges with the alleged victim. Appellant subsequently disobeys that instruction and is summarily dismissed.Tribunal holds:(1) Appellant not entitled to a claim that dismissal was … Continue reading Olasehinde v Panther Securities Plc: EAT 10 Jun 2008
Application for leave to appeal. Judges: Munby J Citations: [2008] EWHC 1665 (Admin) Links: Bailii Statutes: Race Relations Act 1976 Jurisdiction: England and Wales Citing: Principle judgement – E v The Governing Body of JFS and Another Admn 3-Jul-2008 The court considered the impact of secular discrimination policy on admissions policies of religious schools. Held: … Continue reading E v The Governing Body of JFS and Another: Admn 16 Jul 2008
EAT Sex Discrimination – Inferring DiscriminationThe claimant sought compenstion for sex discrimination. She appealed a finding of a material factor justifying the difference in pay. Held: The new provisions included reference to the Code of Practice issued by the Equal Opportunities Commission, which provided that the employer should provide a transparent system for setting pay … Continue reading Barton v Investec Henderson Crosthwaite Securities Ltd: EAT 6 Mar 2003
EAT VICTIMISATION DISCRIMINATION: DismissalUNFAIR DISMISSAL: Reasonableness of dismissalReason for dismissal for purposes of (a) s2 RRA victimisation claim and (b) unfair dismissal. Whether s2(2) RRA disqualified the Claimant from pursuing victimisation claim. Reasonableness under s98(4) dependant on (a) finding of victimisation being upheld (it was not) and (b) finding of failure to carry out reasonable … Continue reading HM Prison Service and others v Ibimidun: EAT 2 Apr 2008
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 incorporated the European Directive. Held: The test in section 54A and in Igen v … Continue reading Oyarce v Cheshire County Council: CA 2 May 2008
EAT Race discriminationThe 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 stringent burden of proof set out in King v Great Britain – China Centre [1992] ICR 516 and Anya v … Continue reading Okonu v G4S Security Services (UK) Ltd: EAT 11 Feb 2007
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 victimisation. After the case failed, she was herself suspended, and her email account searched from which further disciplinary charges were … Continue reading Fosh v Cardiff University: EAT 23 Jan 2008
EAT Unfair dismissal – Procedural fairness/automatically unfair dismissalPractice and Procedure – Appellate jurisdiction/Reasons/Burns-BarkeRace discrimination – Direct / Burden of proof / VictimisationIt being common ground that the Employment Tribunal directed itself correctly on the law, its application to the facts was not perverse. The Employment Tribunal approached the burden of proof correctly, except for holding … Continue reading Birmingham City Council and Another v Samuels: EAT 24 Oct 2007
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
EAT Victimisation 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 matter of construction, the provisions of section 54A RRA did not apply to a claim of victimisation under section 2. Judges: The Honourable Mr Justice Wilkie Citations: … Continue reading Oyarce v Cheshire County Council: EAT 13 Jun 2007
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 on the just and equitable ground. The EAT held that the chairman was right to find … Continue reading Virdi v Commisioner of Police of the Metropolis, Central Police Training and Development Authority (Centrex): EAT 6 Oct 2006
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 manager who notes it down, it is accepted, accurately and contemporaneously? Employment Tribunal decided that he had. Appeal, given the particular facts … Continue reading Kennedy Scott Ltd v Francis: EAT 3 May 2007
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 were a racial group defined by ethnic origins for the purpose of … Continue reading Mandla (Sewa Singh) v Dowell Lee: HL 24 Mar 1982
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 in. He said the tribunal had erred in failing to apply the two stage test set … Continue reading Brown v London Borough of Croydon and Another: CA 26 Jan 2007
EAT Practice and Procedure – Compromise1. 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 relationship and arising otherwise than on termination were not compromised. The agreement did not meet the industry standard for such model agreements.2. Further the … Continue reading Palihakkara v British Telecommunications Plc: EAT 9 Oct 2006
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 which they had provided or failed to provide services to him in connection with disciplinary proceedings against him. The Tribunal rejected his … Continue reading Wagunyanya v Medical Defence Union Services Ltd: EAT 6 Jul 2006
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 capable of being charitable, subject to the application of the 1976 Act. … Continue reading Gibbs v Harding and others: ChD 12 Jan 2007
The claimant appealed against rejection of her claim for race discrimination as having been made out of time. Judges: Thorpe, Hooper, Hughes LJJ Citations: [2006] EWCA Civ 1548 Links: Bailii Statutes: Race Relations Act 1976 Jurisdiction: England and Wales Citing: Cited – Dr Anya v University of Oxford and Another CA 22-Mar-2001 Discrimination – History … Continue reading Lyfar v Brighton and Sussex University Hospitals Trust: CA 14 Nov 2006
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 she had been treated less favourably than an appropriate comparator. The tribunal were of the view that the respondents … Continue reading Palmer v Dunedin Canmore Housing Association Ltd: EAT 6 Jul 2006
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 that she had failed in her vetting, and that they were prohibited in law from disclosing … Continue reading Barracks v Coles and Commissioner of Police for the Metropolis: CA 21 Jul 2006
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 was incompatible with his duties. Held: The dismissal was not on racially discriminatory grounds, though considerations of … Continue reading Serco Ltd v Redfearn: CA 25 May 2006
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 the giving of the ‘wrongful undertakings’ Held: The joined party, who had not itself … Continue reading Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2): CA 23 May 2006
EAT Unlawful Deduction From Wages and Race Discrimination: Post-EmploymentThe Employment Tribunal erred in construing ‘full salary’ payable on the suspension of the Claimant as fettering the employee’s right to end a short term temporary placement and restore him to his substantive grade which represented his ‘full salary’.The Employment Tribunal was directed on remission of one … Continue reading Serco Ltd T/A Education Bradford and others v Quarshie: EAT 17 Jan 2006
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 because of the upset and disturbance his continued employment would create with Asian co-workers and passengers. … Continue reading A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service: EAT 27 Jul 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 did not have jurisdiction. The EAT considered that the question had to be looked … Continue reading Saggar v Ministry of Defence: CA 27 Apr 2005
EAT Race Discrimination – Discrimination by other bodies – Race Discrimination Section 12 Race Relations Act 1976. Definition of qualifying body and profession of vocation. Did it apply to amateur footballer and local football league authorities? Judges: His Honour Judge Ansell Citations: [2004] UKEAT 0320 – 04 – 1609, UKEAT/0320/04 Links: Bailii Statutes: Race Relations … Continue reading Jeffrey-Shaw v Shopshire County Premier Football League Shopshire County Football Association: EAT 17 Aug 2004
Citations: [2002] EWCA Civ 1305 Links: Bailii Statutes: Race Relations Act 1976 20 Jurisdiction: England and Wales Discrimination Updated: 27 June 2022; Ref: scu.217437
The appellant solicitor had been employed by the respondent. They wrote to dismiss her, after failing to obtain funding. She issued proceedings on the basis that she had been victimised after giving evidence for a co-worker in other proceedings against the Federation. The tribunal, having found the lack of funding proved, considered that to be … Continue reading Marshall v Law Centres Federation: EAT 30 Jan 2002
Citations: [2004] EWCA Civ 1246 Links: Bailii Statutes: Race Relations Act 1976 Jurisdiction: England and Wales Citing: Appeal from – Moyo v Tower Hamlets Consortium EAT 26-Mar-2004 EAT Race Discrimination – Victimisation. . . Cited – Dr Anya v University of Oxford and Another CA 22-Mar-2001 Discrimination – History of interactions relevantWhen a tribunal considered … Continue reading Moyo v Tower Hamlets Consortium: CA 30 Jul 2004
The company appealed against a finding of race discrimination. Held: As a matter of law the concept of vicarious liability provided for in Section 41(1) of the Act, identical to that under Section 32(1) of the Race Relations Act 1976. Citations: [1995] UKEAT 56 – 94 – 2703, [1995] IRLR 529 Links: Bailii Statutes: Race … Continue reading Tower Boot Company Ltd v Jones: EAT 27 Mar 1995
The Trust appealed against a finding of race discrimination. He was a doctor working as a locum. He had been summarily dismissed in breach of the respondent’s own procedures and professional standards. Held: The appeal succeeded. The tribunal had erred in that it had made the assumption, for which there was no factual basis, that … Continue reading Alexandra Healthcare NHS Trust and Another v Effa: EAT 21 Apr 1998
Appeal from striking out of claims for victimisation Judges: Laws, Gage, Rimer LJJ Citations: [2007] EWCA Civ 1052, [2008] ICR 208, [2008] IRLR 232 Links: Bailii Statutes: Race Relations Act 1976 2(1) Jurisdiction: England and Wales Discrimination Updated: 14 June 2022; Ref: scu.341669
Judges: Langstaff QC Rec Citations: [2001] UKEAT 377 – 01 – 1109 Links: Bailii Statutes: Race Relations Act 1976 Employment, Discrimination Updated: 14 June 2022; Ref: scu.204199
Application for leave to appeal. Judges: Mummery LJ Citations: [2001] EWCA Civ 1761 Links: Bailii Statutes: Race Relations Act 1976 68(6) Jurisdiction: England and Wales Citing: See Also – Rajendra Chaudhary v Royal College of Surgeons of Great Britain and Ireland and others CA 8-Nov-2001 Application for leave to appeal. . . Cited by: See … Continue reading Rajendra Chaudhary v Royal College of Surgeons of Great Britain and Ireland and others: CA 8 Nov 2001
The claimant had made a complaint of race discrimination. The complaint was dismissed. Some time later the company dismissed him, and he again lodged a complaint. The tribunal found him unfairly dismissed, but again not discriminated against. Held: The Tribunal had been wrong to ignore any motive for the action taken. When it found no … Continue reading Madden v Preferred Technical Group CHA Limited, Guest: CA 27 Aug 2004
The claimant worked at a school in London operated by the respondent, and he was paid by them. Spanish teachers received relocation allowances, and he complained that this was discriminatory. The respondent had failed to comply with the order made by the EAT. Held: The failure by the respondent to comply with the order meant … Continue reading Spicer v Government of Spain: CA 29 Jul 2004
The respondent resisted a claim of unfair dismissal and race discrimination on the basis that the employment contract was illegal since the claimant was an immigrant and unable to work without a work permit. Held: The Court of Appeal upheld a defence of illegality to a teacher’s complaint against a school of unlawful discrimination by … Continue reading V v Addey and Stanhope School: CA 30 Jul 2004
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 … Continue reading Medical Protection Society, Dr Bown, Dr Hickey v Dr Sadek: CA 12 Jul 2004
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 … Continue reading Saggar v Ministry of Defence: EAT 25 May 2004
The claimant was a social work student. He attended a work experience placement, and challenged the report given by the defendants on that placement, saying it was discriminatory and defamatory. He appealed a strike out of his claim. Held: The occasion was one of qualified privilege. The claimant had to establish malice to defeat that … Continue reading Meade v Pugh and Another: QBD 5 Mar 2004
The claimant had been awarded damages for race discrimination. The employer appealed. Held: In a claim for damages under the 1976 Act, it was not necessary to show that the damage suffered was reasonably forseeable.Pill LJ said: ‘I see no need to superimpose the requirement or prerequisite of reasonable foreseeability upon the statutory tort in … Continue reading Laing Limited v Yassin Essa: CA 21 Jan 2004
Mr Nagarajan, of Indian birth, had brought several complaints to the Tribunal based on race. A settlement was reached on or about 1st November 1989 in full and final settlement of all his claims arising out of his employment with London Underground Ltd. His employment by LUL had ceased by then. Mr Nagarajan, after a … Continue reading Nagarajan v Agnew: EAT 21 Jul 1993
EAT Unfair Dismissal – CompensationIn each case, The employee sought additional damages for non-economic loss after an unfair dismissal. Held: The Act could be compared with the Discrimination Acts which explicitly awarded damages for hurt feelings. Clear authority lay against such awards in unfair dismissal cases. An Employment Tribunal considering a claim for damages for … Continue reading Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association: EAT 8 Apr 2003
The claimant had sought registration as a specialist medical practitioner by the respondent. His complaint that the crtiria used to reject his claim were discriminatory had been rejected by the employment tribunal and EAT on the basis that they had no jurisdiction. Held: The section and rules establishing the Training authority clearly reserved to that … Continue reading British Medical Association v Chaudhary: CA 15 May 2003
The claimant appealed against the level of damages awarded on his claim for race discrimination on the basis that he had not shown that his hurt feelings were not shown to have been reasonably forseeable. Held: The tribunal had erred. It was natural and invitable that humiliation and hurt would follow discrimination. The claimant had … Continue reading Yashin Essa v Laing Ltd: EAT 17 Feb 2003
The claimant sought damages for race discrimination. He appealed a dismissal of his claim, suggesting that the assessor’s role had been misunderstood. Held: The structure of the Act recognised the particular difficulties in assessing evidence in race discrimination cases, by requiring experienced lay persons to sit with the chair. There was no direct useful comparison … Continue reading Ahmed v Governing Body of the University of Oxford and Another: CA 20 Dec 2002
The claimant had been awarded damages for sex discrimination, including a sum of andpound;25,000 for injury to feelings. The respondent appealed. Held: The Court of Appeal looked to see whether there had been an error of law in the employment tribunal decision. It did not look to see whether the Employment Appeal Tribunal had erred … Continue reading Vento v The Chief Constable of West Yorkshire Police (No 2): CA 20 Dec 2002
Race Discrimination – Direct. After dealing with the arguments based on the history of the various statutes: ‘Whether the employer deliberately dismisses the employee on racial grounds or he so acts as to repudiate the contract by racially discriminatory conduct, which repudiation the employee accepts, the end result is the same, namely the loss of … Continue reading Derby Specialist Fabrication Ltd v J N Burton: EAT 27 Sep 2000
The applicants were suspended from membership of the Labour party. As a result they were unable to stand for election as councillors. They alleged racial discrimination. Held: The position as councillor fell within the Act, and the claim for discrimination had been properly allowed. The Act should be interpreted sufficiently widely to provide a remedy … Continue reading Mcdonagh (Sued on Her Own Behalf and on Behalf of All Other Members of the Labour Party) v Z Ali H S Sohal: EAT 10 Apr 2000
English and Scottish are Separate Racial Groups The English and Scottish peoples are recognised as separate racial groups. Discrimination on the basis that someone was English or Scottish was therefore discrimination for the purposes of the 1976 Act. Since Parliament had not amended or defined the concept of national origins when passing the 1976 Act, … Continue reading BBC Scotland v Souster: SCS 7 Dec 2000
The Chief Constable appealed against a refusal to strike out a claim by the respondent that he had racially discriminated against her. Force members had used code words for racially abusive terms about her. The claim was that he was vicariously liable for the acts of his Force members. Liability was asserted against the chief … Continue reading Chief Constable of Bedfordshire Police v Liversidge: EAT 21 Sep 2001
