The Court of Appeal has held that, where a claimant is alleging that separate incidents form one continuous act for the purposes of extending the normal time limit within which to bring a claim for racial discrimination, a relevant but not conclusive factor is whether the same individuals or different individuals were involved in the separate incidents.
The Employment Appeal Tribunal has held that employees, who successfully claim discrimination, are entitled to be compensated for any injury to health or injury to feelings caused by the act complained of, even if they were unaware that the act complained of was discriminatory.
In Chagger v Abbey National plc and another  EWCA Civ 1202 CA, the Court of Appeal confirmed that employment tribunals should ask a Polkey-type question when considering loss of earnings flowing from a discriminatory dismissal. The Court also ruled that, in appropriate cases, compensation for loss of earnings may include an element of "stigma" loss.
An employment tribunal has upheld a claim of direct race discrimination for the Metropolitan Police's failure to carry out an equality impact assessment before implementing a policy on minimum staffing levels in parliamentary buildings.
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The Court of Appeal has held that employees who suffer a stigma when looking for a new job as a result of having brought a discrimination claim against a previous employer are entitled to be compensated for their loss by that employer.
In Amnesty International v Ahmed  IRLR 884 EAT, the EAT held that, where an employer's refusal to promote an employee was essentially because of her national/ethnic origin, the employer's benign motive for its conduct was irrelevant. Nagarajan v London Regional Transport did not establish a requirement to enquire as to the employer's reasons for racially based less favourable treatment.
The Employment Appeal Tribunal has held that the reverse burden of proof applies to claims of unlawful race discrimination on the ground of colour.
HR and legal information and guidance relating to race discrimination.