Abbey National plc and another v Chagger  IRLR 86 EAT
Reports relating to this case:
Race discrimination: Reverse burden of proof applies to claims of discrimination on grounds of colour
- 2 December 2008
In Chagger v Abbey National plc and another EAT/0606/07, the EAT held that a claim of discrimination on grounds of skin colour inevitably involves a complaint of discrimination on the grounds of race or ethnic origin, thus engaging s.54A of the Race Relations Act 1976. In addition, allowing an appeal against an award of around £2.8 million compensation, the EAT held that the tribunal should have considered a Polkey-type question in relation to loss of earnings, and that recoverable loss should be limited to that flowing from loss of employment with the discriminator.
- 24 October 2008
The Employment Appeal Tribunal has held that the reverse burden of proof does apply to claims of discrimination on the grounds of colour under the race discrimination legislation.