In British Medical Association v Chaudhary  EWCA Civ 788 CA, the Court of Appeal has overturned a decision awarding £814,877 to a surgeon who claimed that the British Medical Association (BMA) had discriminated against him by failing to support his race discrimination claims against regulatory medical bodies.
This month's round-up of decisions on discrimination from the courts.
Joe Glavina of Addleshaw Goddard outlines the latest legal rulings and explains what you need to do to avoid tribunals.
This week's case roundup by Eversheds covers: racial discrimination and international claims.
In Coker v Lord Chancellor (22 November 2001), the Court of Appeal holds that it was not indirectly discriminatory on grounds of sex or race for the Lord Chancellor to appoint a white man as his special adviser.
Despite the fact that, in appointing a "special adviser", the Lord Chancellor had applied a requirement that any appointee should be personally known to him, there was no disproportionate impact on gender or racial grounds, notwithstanding the fact that the Lord Chancellor's "area of association" was likely to be "skewed" against women and ethnic minorities, holds the EAT in The Lord Chancellor and another v Coker and Osamor.
In Tattari v Private Patients Plan the Court of Appeal has ruled that the Race Relations Act's provisions on qualifying bodies do not cover any organisation which is capable of advancing an individual's job prospects.
In Rovenska v General Medical Council the Court of Appeal has ruled that a Czech-born doctor was not out of time for complaining that the refusal by the General Medical Council to exempt her from a test set for registration as a medical practitioner was indirectly racially discriminatory.
In JH Walker Ltd v Hussain and others the EAT holds that an employer "intentionally" indirectly discriminated against its Asian employees on the ground of race when, in accordance with a new policy that no holiday could be taken by employees during the three busiest months of the year, it required them to work on an important Muslim festival day, and disciplined them when they took the day off.
In JH Walker Ltd v Hussain and others (1 November 1995) EOR66D, the EAT rules that indirect discrimination can be regarded as "intentional", so as to attract an award of compensation, where an employer knew when it applied the requirement or condition in question that unfavourable treatment on racial grounds would result and where it wanted those consequences to follow.
HR and legal information and guidance relating to indirect race discrimination.