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Scots are racial group

This report relates to 2 case(s)

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    Boyce and others v British Airways plc 31 July 1997 EAT (0 other reports)

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    Northern Joint Police Board v Power [1997] IRLR 610 EAT (2 other reports)

    • Race discrimination: Scottish and English are racial groups

      Date:
      15 November 1997

      The Scottish and the English constitute separate racial groups for the purposes of the Race Relations Act, defined by reference to their "national origins", rules the EAT in Northern Joint Police Board v Power.

    • English are racial group

      Date:
      1 November 1997

      In Northern Joint Police Board v Power (27 August 1997) EOR76C, the EAT rules that the English and the Scottish 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 he was turned down for a post in Scotland.

In Northern Joint Police Board v Power1 and Boyce and others v British Airways plc2 the EAT has held that the Scots (and the English) are "racial groups", for the purposes of the Race Relations Act 1976, defined by reference to "national origins", but not by reference to "ethnic origins".

Section 3(1) of the Act defines "racial group" as meaning "a group of persons defined by reference to colour, race, nationality or ethnic or national origins, and references to a person's racial group refer to any racial group into which he falls." In the Power case, the industrial tribunal held that it had jurisdiction to entertain the applicant's complaint that the employers discriminated against him on grounds of his English national origins by not shortlisting him for the post of Chief Constable of the Northern Constabulary.The tribunal accepted that the Scots and the English have different "national origins".