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Race discrimination: Constructive dismissal comes within meaning of "dismissal"

This report relates to 1 case(s)

In Derby Specialist Fabrication Ltd v Burton [2001] IRLR 69, the EAT holds that there is no reason why the word "dismissal" in the Race Relations Act 1976 should be construed so as to exclude constructive dismissal. The fact that the Sex Discrimination Act 1975 was amended so as to include constructive dismissal where it refers to "dismissal", cannot be taken as an indication by Parliament that, in other legislation with which it was not dealing, "dismissal" was to be given a restricted meaning. Whether the employer deliberately dismisses the employee on racial grounds, or it acts so as to repudiate the contract by racially discriminatory conduct, which repudiation the employee accepts, the end result is the same; namely, the loss of employment by the employee.