It was a sufficient basis for a claim of victimisation for an unsuccessful job applicant to show that those who had interviewed him were subconsciously influenced by their knowledge of the fact that he had previously done a protected act, holds the House of Lords in Nagarajan v London Regional Transport.
An employment tribunal, properly directing itself, would be bound to conclude that an employer's deliberate decision to disregard the fact that an attack on one employee by another was racially motivated amounted in itself to direct race discrimination, without the need for the employee to show that a person from a different racial group would have been treated differently, holds the EAT in Sidhu v Aerospace Composite Technology Ltd.
The good intentions behind a senior police officer's suggestion to a white police sergeant that his brief sexual relationship with a 17-year-old female trainee of Asian origin could have jeopardised police relations with the Asian community were not relevant to the question of whether or not the sergeant had suffered unlawful race and sex discrimination, but could be pertinent to the issue of remedy, holds the EAT in Chief Constable of the Greater Manchester Police and another v Hope.
An employment tribunal was entitled to find that the London branch of a Japanese company did not treat three locally recruited managers less favourably than Japanese secondees at their level, by paying them substantially less than the secondees, because they were not Japanese, holds the Court of Appeal in Wakeman and others v Quick Corporation and another.
A white woman who left her job with a vehicle rental company because she objected to its policy of not hiring vehicles to black people was herself the victim of unlawful race discrimination, holds the Court of Appeal in Weathersfield Ltd (t/a Van & Truck Rentals) v Sargent.
In Weathersfield Ltd v Sargent (10 December 1998) EOR83D, the Court of Appeal finds that a white employee was discriminated against on racial grounds when she resigned after having been given an instruction to discriminate against prospective customers of black and Asian origin.
In Weathersfield Ltd t/a Van & Truck Rentals v Sargent, the EAT upholds an industrial tribunal's finding that a white employee suffered unlawful race discrimination when she was instructed by her employer to discriminate on racial grounds against black and Asian people, and consequently resigned because she was put in an intolerable position.
An industrial tribunal was wrong to give any weight to the fact that the respondents were related by marriage to members of particular races or ethnic groups in determining that it was unlikely that they would have indulged in the racist abuse of a work colleague from a different race or ethnic group, holds the EAT in Robson v Commissioners of Inland Revenue and others.
The concept of direct discrimination under the Race Relations Act requires it to be shown that the claimant has been treated by the person against whom the discrimination is alleged less favourably than that person treats or would have treated another, the House of Lords rules in Zafar v Glasgow City Council.
In Glasgow City Council v Zafar, the Court of Session rules that unreasonable treatment of an ethnic minority employee by an employer does not raise an inference of less favourable treatment on racial grounds.
HR and legal information and guidance relating to direct race discrimination.