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Race discrimination: Continuing discriminatory recruitment policy is not "continuing act"

This report relates to 1 case(s)

In Tyagi v BBC World Service [2001] IRLR 465, the Court of Appeal holds that the arrangements made for the purpose of determining who should have employment, upon which the case for race discrimination of someone who is not an employee has to depend, are not continuing acts. Those arrangements do not refer to employment generally, but to the particular employment being offered. A general discriminatory practice that is not in action vis-à-vis a particular applicant, because he or she is not employed by the employer, or because there is no job on offer, is policed only by the Commission for Racial Equality.