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Race discrimination
In Burton and Rhule v De Vere Hotels, the EAT holds that an employer "subjected" its employees to unlawful race discrimination when it allowed a speaker and guests at its hotel to abuse and harass them racially, in circumstances in which it had sufficient control over the discriminatory event so as to have been able to prevent or reduce the extent of it by applying good employment practice.
In Burton v De Vere Hotels (18 September 1996), the EAT rules that an employer subjects an employee to the detriment of racial harassment if it causes or permits the racial harassment to occur in circumstances in which it can control whether it happens or not.
In JH Walker Ltd v Hussain and others the EAT holds that an employer "intentionally" indirectly discriminated against its Asian employees on the ground of race when, in accordance with a new policy that no holiday could be taken by employees during the three busiest months of the year, it required them to work on an important Muslim festival day, and disciplined them when they took the day off.
A black prison officer who was subjected to "a campaign of appalling treatment" over a period of almost two years is awarded compensation of £28,500, including a record £21,000 for injury to feelings, by a London South industrial tribunal (Chair: E R Donnelly) in Johnson v (1) Armitage (2) Marsden (3) HM Prison Service.
In The Post Office v Adekeye (No.2) the EAT has ruled that an employee who has been summarily dismissed has no separate remedy against being discriminated against in the conduct of an internal appeal hearing.
In Maxwell v Holmes (Lord Chancellor's Department) a London (North) industrial tribunal (Chair: G E Heggs) rules that it has no jurisdiction to hear an immigration adjudicator's complaint that the failure to renew his appointment was racial discrimination because he was the holder of a statutory office.
The use of the phrase "Goddamn Yank" was racial abuse, rules a Manchester industrial tribunal (Chair: C Porter) in Ruizo v (1) Tesco Stores Ltd and (2) Lea, rejecting management's view that such a phrase was simply workplace banter.
An employee of Serbian origin who was subjected to hostile and abusive comments because of his origins, particularly after the start of the Bosnian war, and who found conditions so intolerable that he resigned, was unlawfully discriminated against, rules a Leeds industrial tribunal (Chair: E H J Record) in Milovanovic v Hebden Dyeing & Finishing Co Ltd.
An Asian job applicant who was rejected despite being "the outstanding candidate" for a jobshare vacancy that could have been "tailor-made" for him, was unlawfully discriminated against, holds a London (North) industrial tribunal (Chair: P R K Menon) in Singh v London Borough of Ealing.
A local council unlawfully discriminated against an Asian job applicant when it rejected his application in favour of a white applicant, even though he was the highest-scoring candidate in the interview, rules a Manchester industrial tribunal (Chair: C T Grazin) in Umerji v Blackburn Borough Council.
HR and legal information and guidance relating to race discrimination.