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Race discrimination: Whole contract to be considered in determining location of work

This report relates to 1 case(s)

  • expand disabled

    Saggar v Ministry of Defence [2005] IRLR 618 CA (0 other reports)

Key points

In Saggar v Ministry of Defence [2005] EWCA (Civ) 413, the Court of Appeal holds:

  • The whole period of an employee's contract of employment is to be taken into account when determining whether he or she has worked "wholly outside Great Britain" for the purposes of a race or sex discrimination claim.
  • Carver v Saudi Arabian Airlines did not lay down any test as to how the "wholly or mainly" question is to be answered, nor does it hold that that question is to be answered solely by reference to the period of time during which the alleged discrimination took place.
  • The employment tribunal took too narrow an approach to the relevant period of time for deciding whether an employee worked "wholly or mainly outside Great Britain" for the purposes of s.8 (1) of the Race Relations Act 1976 (the RRA). It was not entitled to disregard the rest of the employee's employment outside the short period of the alleged discrimination.