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Race discrimination: Request for evidence of right to work is not discrimination

This report relates to 1 case(s)

Asking a foreign job applicant who had the right to work in the UK for proof of this right, when British citizens and EEC nationals were not asked for such proof, is not unlawful race discrimination, holds the Court of Appeal in Dhatt v McDonalds Hamburgers Ltd. For the purposes of s.3(4) of the Race Relations Act 1976, nationality, although a discriminatory requirement, can count as a material difference between the "relevant circumstances" of the applicant and the comparator in cases where legislation recognises and provides for a distinction to be made.