Equality, diversity and human rights >
Race discrimination
Asda Stores Ltd was not liable for the racially "offensive and derogatory remark" made by one of its store supervisors to a black contract cleaner, rules a Birmingham industrial tribunal (Chair: B L Owen) in Taylor v Asda Stores Ltd.
In Laher v London Borough of Hammersmith & Fulham the EAT has set aside the decision of an industrial tribunal dismissing a race discrimination complaint on grounds that there was bias shown by the tribunal chair against the applicant.
A black college lecturer whose complaints of racial abuse over an eight-year period were continually disbelieved by college authorities was unlawfully discriminated against on grounds of race, rules an Ashford industrial tribunal (Chair: I S Lamb) in Jenkins v Burney and others.
A hospital orderly who was immediately suspended pending an investigation following an incident, when a nurse who was involved in an equally serious incident was simply counselled, suffered a detriment and was unlawfully discriminated against on grounds of race, holds a Leeds industrial tribunal (Chair: J R W Worrall) in Dan v United Leeds Teaching Hospital Trust Ltd.
In Smith v Wessex Water a Bristol industrial tribunal (Chair: C G Toomer) draws an inference of racial discrimination from a failure to warn an African-British temporary employee that he was in danger of dismissal due to poor performance.
An industrial tribunal has no power to award exemplary damages in a discrimination case, holds the EAT in Deane v London Borough of Ealing and another, following the ruling of the Court of Appeal in Gibbons and others v South West Water Services Ltd.
In Wetstein v (1) Misprestige Management Services Ltd (2) O'Farrell EAT/523/91, the Employment Appeal Tribunal upheld a tribunal's finding that a requirement to work a full week did not constitute indirect race discrimination against those of the Jewish race.
In Hampson v Department of Education and Science, the Court of Appeal rules that the exemption in s.41 of the Race Relations Act 1976 for acts done in pursuance of statutory authority does not extend to all acts done under a statute or statutory instrument.
Two recent appellate decisions have confirmed that evidence of the employers' past discriminatory actions or attitudes may be relevant in determining whether they have discriminated in the case under consideration.
The Court of Appeal in R v Commission for Racial Equality (ex parte Westminster City Council) upholds the High Court's finding that employers are guilty of discriminatory conduct if they give into workforce pressure which is itself based on discrimination.
Employment law cases: HR and legal information and guidance relating to race discrimination.