Sex and race discrimination: Exclusions and exceptions

This report relates to 41 case(s)

This section of the Discrimination Case Law Guide looks at the exclusions and exceptions in sex and race discrimination laws.

Meaning of "employment"
Claim in time
          Extension
     Continuing discrimination
          Examples
Agreement precluding complaint
Work ordinarily outside Great Britain
Immunity
Death of claimant
Bankruptcy of claimant
Acts done under statutory authority
Genuine occupational requirements/qualifications (race discrimination)
Genuine occupational qualifications (sex discrimination)
Contractual benefits
Retirement or death provisions

Meaning of "employment"

(1) In this Act, unless the context otherwise requires -

"employment" means employment under a contract of service or of apprenticeship or a contract personally to execute any work or labour, and related expressions shall be construed accordingly;
Sex Discrimination Act - s.82
Race Relations Act - s.78

Mirror Group Newspapers Ltd v Gunning [1986] IRLR 27 CA
The words "a contract personally to execute any work or labour" in the extended definition of "employment" in s.82(1) of the Sex Discrimination Act contemplates a contract whose dominant purpose is that the party contracting to provide services under it performs personally the work or labour which forms the subject-matter of the contract.