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Race discrimination
In Pereira v The Post Office, a Southampton industrial tribunal rules that the Post Office, which had properly followed "full procedures", was not liable for the racial abuse suffered by an employee from a fellow employee. However, in Cooley v BRS Ltd, a Reading industrial tribunal rules that BRS had failed to properly implement its harassment policy and was liable for the racial abuse of one employee by another.
East African Asian employees of a UK bank who were required to waive their right to have their African service with a "group" employer credited for pension purposes, had not suffered race discrimination, holds the Court of Appeal in Barclays Bank plc v Kapur and others.
In Patel and Harewood v T & K Home Improvements Ltd and Johnson a Bedford industrial tribunal (Chair: C Tribe) awards aggravated damages against an employer who treated workplace notices which contained racially abusive material as a joke during tribunal proceedings and did not offer an apology to the complainants.
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).
Rejecting a s. 41 defence, a Bury St Edmunds industrial tribunal (Chair: J Barnes) in York v Olan Mills Incorporated rules that the dismissal of a US citizen working for a US company in the UK when she refused to relocate back to the USA was unlawful race discrimination. Finding that the employee was also unfairly dismissed, the tribunal awarded compensation totalling almost £22,000.
The right to a review of a decision of the General Medical Council is a proceeding "in the nature of an appeal" such as to preclude a complaint of race discrimination from being brought before an industrial tribunal, the Court of Appeal has ruled in Khan v General Medical Council.
A young cricketer who, when using his own name, was refused a trial with Durham County Cricket Club but was not refused when he used an anglicised name, was not discriminated against on grounds of race, rules a Newcastle-upon-Tyne industrial tribunal (Chair: J D Myers) in Yaqub v Durham County Cricket Club. The two letters requesting a trial, were "dissimilar", said the tribunal, and "required different and distinct answers".
In Deb-Gupta v The Board of Governors Beech Hill Infant School and Bedfordshire County Council a Bedford industrial tribunal rules that an Asian teacher who was unsuccessful in her application for promotion in a predominantly Asian school, despite having greater experience of multi-cultural education and in acting-up in senior positions than the successful white candidate, was unlawfully discriminated against.
A black trainee solicitor who was dismissed when she failed her Law Society finals was unlawfully discriminated against on grounds of race, rules a Leicester industrial tribunal (Chair: P D Williams) in Lindsay v Ironsides Ray & Vials.
In Khayum v Pakistan Muslim Centre a Sheffield industrial tribunal (Chair: J M Q Hepworth) rules that Pushtuns are not a "racial group" as defined by the Race Relations Act.
HR and legal information and guidance relating to race discrimination.