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Race discrimination: Provision of Race Relations Act incompatible with EC law

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    Bossa v Nordstress Ltd and another [1998] IRLR 284 EAT (0 other reports)

In Bossa v Nordstress Ltd and another 2.3.98 EAT 571/96, the EAT holds that an industrial tribunal has jurisdiction to determine an Italian national's complaint that, because of his nationality, he was denied an interview in this country for a job based in Italy. Even though that was not "employment at an establishment in Great Britain", in relation to which discrimination against job applicants is outlawed by the Race Relations Act 1976, that statutory restriction is in conflict with the complainant's directly effective right under Article 48 of the Treaty of Rome to work anywhere within the European Community.