No discrimination without racially-based reason

An industrial tribunal erred in finding that there had been direct racial discrimination in the absence of a finding that the reason for the treatment complained of was race-based, rules the Court of Appeal in Barclays Bank plc v Kapur and others (No.2).

The appellants, all East African Asians who came to England in the early 1970s as a result of the "Africanisation" policies of the Kenyan and Tanzanian governments, claimed that they had been discriminated against on racial grounds because they were employed by the bank on less favourable terms as to pension rights than their European counterparts.