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Race discrimination

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  • Date:
    15 September 1999
    Type:
    Employment law cases

    Race discrimination: Damages for personal injury may be awarded under Race Relations Act

    Employment tribunals have jurisdiction to award compensation for the statutory tort of unlawful racial discrimination under the Race Relations Act, including damages for physical or psychiatric injury caused by the tort, holds the Court of Appeal in Sheriff v Klyne Tugs (Lowestoft) Ltd.

  • Date:
    15 August 1999
    Type:
    Employment law cases

    Race discrimination: Conscious motivation is not a prerequisite for victimisation

    It was a sufficient basis for a claim of victimisation for an unsuccessful job applicant to show that those who had interviewed him were subconsciously influenced by their knowledge of the fact that he had previously done a protected act, holds the House of Lords in Nagarajan v London Regional Transport.

  • Date:
    15 January 1999
    Type:
    Employment law cases

    Race discrimination: White woman told to discriminate against black people was herself racially discriminated against

    A white woman who left her job with a vehicle rental company because she objected to its policy of not hiring vehicles to black people was herself the victim of unlawful race discrimination, holds the Court of Appeal in Weathersfield Ltd (t/a Van & Truck Rentals) v Sargent.

  • Date:
    15 May 1998
    Type:
    Employment law cases

    Race discrimination: Discriminatory instruction was less favourable treatment

    In Weathersfield Ltd t/a Van & Truck Rentals v Sargent, the EAT upholds an industrial tribunal's finding that a white employee suffered unlawful race discrimination when she was instructed by her employer to discriminate on racial grounds against black and Asian people, and consequently resigned because she was put in an intolerable position.

  • Date:
    1 May 1998
    Type:
    Employment law cases

    Effect of bias by interviewers

    In Marks & Spencer plc v Martins (19 December 1997) EOR79B, the Court of Appeal rules that it was an error for an industrial tribunal to find that the employer discriminated against an applicant on grounds of her race because its interviewers were guilty of "bias".

  • Date:
    15 April 1998
    Type:
    Employment law cases

    Race discrimination: Provision of Race Relations Act incompatible with EC law

    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.

  • Date:
    1 February 1998
    Type:
    Employment law cases

    Race discrimination: Reasonableness irrelevant to less favourable treatment

    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.

  • Date:
    15 November 1997
    Type:
    Employment law cases

    Race discrimination: Scottish and English are racial groups

    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.

  • Date:
    15 April 1997
    Type:
    Employment law cases

    Race discrimination: £21,000 award for injury to feelings upheld

    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.

  • Date:
    15 February 1997
    Type:
    Employment law cases

    Race discrimination: Extension of employers' liability for harassment

    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.

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HR and legal information and guidance relating to race discrimination.