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Determining whether personal services goq applies

This report relates to 1 case(s)

  • expand disabled

    Tottenham Green Under Five's Centre v Marshall (No.2) [1991] IRLR 162 EAT (0 other reports)

In Tottenham Green Under Fives' Centre v Marshall (3.2.89) EOR25C, the EAT holds that whether the genuine occupational qualification exception to the Race Relations Act 1976 where the job holder provides persons with personal services promoting their welfare applies requires a balancing exercise between the need to guard against discrimination and the desirability of promoting racial integration. However, deference should be given to an employer's genuinely held and reasonably based opinion that a genuine occupational requirement will best promote the welfare of the recipient.