Race discrimination

New and updated

• Date:

  17 July 2008

  Type:

  Employment law cases

  Centrum voor Gelijkheid van Kansen en voor Racismebestrijding v Firma Feryn NV

  The European Court of Justice has held that an employer's public statement of a discriminatory recruitment policy is direct discrimination contrary to the Race Directive (2000/43/EC).

• Date:

  10 July 2008

  Type:

  Employment law cases

  HM Prison Service and others v Ibimidun; Ibimidun v HM Prison Service and others

  The Employment Appeal Tribunal has held that an employee who was dismissed when he brought tribunal proceedings in order to harass his employer, rather than to receive compensation, was not protected by the victimisation provisions of the Race Relations Act 1976.

• Date:

  23 October 2006

  Type:

  Employment law cases

  Brunel University and another v Vaseghi and another

  In Brunel University and another v Vaseghi and another EAT/0307/06, the Employment Appeal Tribunal (EAT) has held that the need to get to the truth in discrimination cases can override the rule that prevents settlement discussions between parties' representatives from being admissible as evidence.

• Date:

  21 July 2006

  Type:

  Employment law cases

  Race discrimination: Dismissal of BNP councillor was not 'on racial grounds'

  In Serco Ltd v Redfearn [2006] EWCA Civ 659 CA, the Court of Appeal holds that an employer did not discriminate on grounds of race when it dismissed an employee because of fears that his membership of the BNP would lead to hostility, jeopardising the health and safety of staff and customers.

• Type:

  Employment law cases

  Case round-up

  Joe Glavina and Emma Slark at Addleshaw Goddard bring you a comprehensive update on the latest decisions that could affect your organisation, and provide advice on what to do about them.

• Date:

  1 April 2005

  Type:

  Employment law cases

  Burden of proof guidelines revised

  In a hearing of three conjoined appeals (Igen Ltd (formerly Leeds Careers Guidance) and others v Wong; Chamberlin Solicitors and another v Emokpae; Brunel University v Webster, 18 February 2005), the Court of Appeal considers the guidelines established in Barton v Investec Henderson Crosthwaite Securities Ltd (EOR 118) and sets out revised guidance on the burden of proof provisions in the discrimination legislation.

• Date:

  25 March 2005

  Type:

  Employment law cases

  Discrimination: Burden of proof finally reversed in direct discrimination claims

  In Igen Ltd & ors v Wong; Chamberlin Solicitors & ors v Emokpae; Brunel University v Webster, the Court of Appeal holds that the amendments to the Sex Discrimination Act 1975 and Race Relations Act 1976, in order to implement the Burden of Proof Directive (97/80/EC), require a two-stage process to determine direct discrimination.

• Date:

  28 January 2005

  Type:

  Employment law cases

  Race discrimination: Alleged discriminator's racist motive relevant, but not required

  In Madden v Preferred Technical Group Cha Ltd and another, the Court of Appeal holds that the tribunal did not misdirect itself by stating that conscious or deliberate motivation was immaterial in cases of discrimination.

• Date:

  3 September 2004

  Type:

  Employment law cases

  Discrimination: Employee's illegal acts prevent race discrimination remedy

  In V v Addey & Stanhope School, the Court of Appeal holds that the extent of the employee's illegal and criminal conduct was such that it prevented him from pursuing a race discrimination claim.

• Date:

  19 March 2004

  Type:

  Employment law cases

  Race discrimination: Recovering compensation for psychiatric damage

  In Laing Ltd v Essa, the Court of Appeal holds that an employee who suffered unlawful race discrimination which caused him psychiatric injury was entitled to recover compensation for that injury provided he could establish that the discrimination caused the damage.