Direct discrimination

New and updated

  • Employment references: Refusal to give reference pending resolution of litigation did not amount to victimisation

    Date:
    3 December 2001
    Type:
    Law reports

    In Chief Constable of West Yorkshire Police v Khan, the House of Lords holds - unanimously - that an employee was not victimised when his employer refused to provide him with a reference for new employment while race discrimination proceedings brought by the employee were continuing.

  • Courts of Appeal conflict over definition of detriment

    Date:
    1 October 2001
    Type:
    Law reports

    Two apparently contradictory judgements address whether treatment must have any material consequences to constitute a detriment under discrimination law. Plus, cases on Tupe, termination payments and unfair dismissal for misconduct unrelated to employment

  • On appeal

    Date:
    25 September 2001
    Type:
    Law reports

    Continuing our regular series spelling out the implications of important cases which have been heard recently in the appeal courts.

  • Case roundup: Race discrimination and payments on termination

    Date:
    4 September 2001
    Type:
    Law reports

    This week's case roundup, covering the meaning of a "detriment" within race discrimination and payment in lieu of accrued but untaken holiday on termination of employment.

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

    Date:
    1 September 2001
    Type:
    Law 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.

  • £224,949 net award

    Date:
    1 September 2001
    Type:
    Law reports

    In Fasipe v London Fire and Civil Defence Authority a London South employment tribunal (Chair: G H K Meeran) has awarded compensation of £224,949 for race discrimination and victimisation.

  • Employment tribunals must follow clear guidelines

    Date:
    1 June 2001
    Type:
    Law reports

    The EAT finds a tribunal's decision 'perverse' in failing to follow established guidelines when determining a plaintiff's employment status. Plus cases on TUPE, race discrimination and victimisation.

  • Race discrimination: Tribunals must look for indicators that may show racial bias

    Date:
    1 June 2001
    Type:
    Law reports

    Where there was a shortlist of two equally well-qualified candidates, one white and the other black, an employment tribunal's conclusion that the selection of the former in preference to the latter had nothing to do with the latter's race was not arrived at after proper consideration of the indicators that the latter relied on as pointing to an opposite conclusion, holds the Court of Appeal in Anya v University of Oxford and another.

  • Race discrimination: Tribunal did not err in failing to make recommendation because none was sought

    Date:
    15 March 2001
    Type:
    Law reports

    In Fasuyi v London Borough of Greenwich, the EAT holds that a tribunal does not invariably make an error of law if, having s.56(1)(c) of the Race Relations Act 1976 ("the RRA") in mind, it does not make a recommendation under that subsection because none is sought by the applicant.

  • Race discrimination: Constructive dismissal comes within meaning of "dismissal"

    Date:
    15 February 2001
    Type:
    Law reports

    In Derby Specialist Fabrication Ltd v Burton, the EAT holds that there is no reason why the word "dismissal" in the Race Relations Act 1976 should be construed so as to exclude constructive dismissal.

About this topic

HR and legal information and guidance relating to direct race discrimination.