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Race discrimination: "National origins" means more than nationality acquired at birth

This report relates to 1 case(s)

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    BBC Scotland v Souster [2001] IRLR 150 CS (3 other reports)

    • United kingdom or national affront?

      Date:
      1 July 2001

      The next time your workforce discusses the latest England, Scotland or Wales national teams, beware. As David Morgan reports, a recent decision on national origins could have a major impact on employers and the approach taken by employment tribunals in race discrimination cases throughout the UK

    • "Scottish" and "English" are racial groups

      Date:
      1 June 2001

      In BBC Scotland v Souster the Court of Session has ruled that a television presenter was entitled to claim that he was discriminated against for a post with BBC Scotland by reason of being English rather than Scottish.

    • Scots and English are racial groups

      Date:
      1 March 2001

      In BBC Scotland v Souster (7 December 2000) EOR96C, the Court of Session upholds a finding that the English and the Scots are "racial groups", defined by reference to "national origins", so that an Englishman could complain that he had been discriminated against on grounds of race when his contract in Scotland was not renewed and a Scottish woman was appointed in his place.

The meaning of "national origins" in the Race Relations Act 1976 is not limited to the concept of nationality in a legal sense, and thus to the citizenship that an individual may acquire at birth, holds the Inner House, Court of Session in BBC Scotland v Souster 7.12.00 Inner House, Court of Session. A racial group may be defined by reference to its communal origins and tradition, which may be either "national" or "ethnic". Moreover, it is possible to adhere to, and thus become a member of, a racial group defined by reference to "national origins".