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Race discrimination: Work permit requirement a material difference preventing "like-with-like" comparison

This report relates to 1 case(s)

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    Ice Hockey Super League Ltd v Henry EAT/1167/99 (0 other reports)

An ice hockey player who did not require a work permit to gain employment in the UK could not compare himself with those players who did require a work permit for the purposes of his race discrimination claim, holds the EAT in Henry v Ice Hockey Super League Ltd 2.3.01 EAT 1167/99. Although the need or otherwise for a work permit involves discrimination on the basis of nationality, it is a form of discrimination sanctioned by statute. The work permit requirement distinction between two groups of players was thus a material difference precluding a comparison under s.3(4) of the Race Relations Act.