Equality, diversity and human rights >
Race discrimination
In Bossa v Nordstress Ltd and another, the EAT holds that an industrial tribunal has jurisdiction to determine an Italian national's complaint that, because of his nationality, he was denied an interview in this country for a job based in Italy.
The concept of direct discrimination under the Race Relations Act requires it to be shown that the claimant has been treated by the person against whom the discrimination is alleged less favourably than that person treats or would have treated another, the House of Lords rules in Zafar v Glasgow City Council.
The Scottish and the English constitute separate racial groups for the purposes of the Race Relations Act, defined by reference to their "national origins", rules the EAT in Northern Joint Police Board v Power.
In HM Prison Service and others v Johnson, the EAT upholds an award of £21,000 for injury to feelings made by an industrial tribunal to a black prison officer who was subjected to a prolonged campaign of racial harassment and discrimination.
In Jones v Tower Boot Co Ltd, the Court of Appeal holds that the words "in the course of employment" in the Race Relations Act should be interpreted in the sense in which they are employed in everyday speech, and not restrictively by reference to the principles laid down by case law for establishing an employer's liability for the torts committed by an employee during the course of his or her employment.
In Burton and Rhule v De Vere Hotels, the EAT holds that an employer "subjected" its employees to unlawful race discrimination when it allowed a speaker and guests at its hotel to abuse and harass them racially, in circumstances in which it had sufficient control over the discriminatory event so as to have been able to prevent or reduce the extent of it by applying good employment practice.
In Burton v De Vere Hotels (18 September 1996), the EAT rules that an employer subjects an employee to the detriment of racial harassment if it causes or permits the racial harassment to occur in circumstances in which it can control whether it happens or not.
In JH Walker Ltd v Hussain and others the EAT holds that an employer "intentionally" indirectly discriminated against its Asian employees on the ground of race when, in accordance with a new policy that no holiday could be taken by employees during the three busiest months of the year, it required them to work on an important Muslim festival day, and disciplined them when they took the day off.
A black prison officer who was subjected to "a campaign of appalling treatment" over a period of almost two years is awarded compensation of £28,500, including a record £21,000 for injury to feelings, by a London South industrial tribunal (Chair: E R Donnelly) in Johnson v (1) Armitage (2) Marsden (3) HM Prison Service.
In The Post Office v Adekeye (No.2) the EAT has ruled that an employee who has been summarily dismissed has no separate remedy against being discriminated against in the conduct of an internal appeal hearing.
Employment law cases: HR and legal information and guidance relating to race discrimination.