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Race discrimination
The right to a review of a decision of the General Medical Council is a proceeding "in the nature of an appeal" such as to preclude a complaint of race discrimination from being brought before an industrial tribunal, the Court of Appeal has ruled in Khan v General Medical Council.
A young cricketer who, when using his own name, was refused a trial with Durham County Cricket Club but was not refused when he used an anglicised name, was not discriminated against on grounds of race, rules a Newcastle-upon-Tyne industrial tribunal (Chair: J D Myers) in Yaqub v Durham County Cricket Club. The two letters requesting a trial, were "dissimilar", said the tribunal, and "required different and distinct answers".
In Deb-Gupta v The Board of Governors Beech Hill Infant School and Bedfordshire County Council a Bedford industrial tribunal rules that an Asian teacher who was unsuccessful in her application for promotion in a predominantly Asian school, despite having greater experience of multi-cultural education and in acting-up in senior positions than the successful white candidate, was unlawfully discriminated against.
A black trainee solicitor who was dismissed when she failed her Law Society finals was unlawfully discriminated against on grounds of race, rules a Leicester industrial tribunal (Chair: P D Williams) in Lindsay v Ironsides Ray & Vials.
In Khayum v Pakistan Muslim Centre a Sheffield industrial tribunal (Chair: J M Q Hepworth) rules that Pushtuns are not a "racial group" as defined by the Race Relations Act.
Rejecting claims that a private hire company had unlawfully discriminated against two Asian applicants, a Leeds industrial tribunal (Chair: J Prophet) in Akbar and Ahmed v Metro Private Hire (Keighley) Ltd, expresses concern over the way the Commission for Racial Equality went about securing evidence of discrimination.
An Irishman who was subjected to repeated anti-Irish remarks by his supervisor and other colleagues which led to him seeking medical attention for stress, and who was then dismissed because he did not "fit in", was unlawfully discriminated against, rules a Nottingham industrial tribunal (Chair: J M Coulson) in McAuley v Auto Alloys Foundry Ltd and Taylor.
A black railway worker who was called a "black cunt" by an employee of a subcontractor during an incident was discriminated against on grounds of race, a London South industrial tribunal (Chair: E R Donnelly) in Bellinfantie v British Rail rules.
A Pakistani applicant who unsuccessfully applied for the post of senior equality adviser was discriminated against on the grounds of race, rules a Nottingham industrial tribunal majority (Chair: J H Bellis) in Ayub v Nottinghamshire County Council.
A local councillor who tabled a motion calling for Asian employees in "s. 11 posts" to be replaced by "black officers of African origin" acted unlawfully, rules a London North industrial tribunal (Chair: M H Don) in Commission for Racial Equality v Nyaga.
Employment law cases: HR and legal information and guidance relating to race discrimination.