Deria v General Council of British Shipping [1986] IRLR 108 CA

Overseas employed exclusion construed

Date:

1 March 1986

Deria and others v General Council of British Shipping (Court of Appeal, 2.12.85) EOR6C holds that in order to determine whether a complaint of racial discrimination is barred by the overseas employment exclusion from the Race Relations Act 1976 in circumstances where the complaint relates to a refusal to offer employment, so that no employment contract has been entered into, the tribunal must determine what place of employment would have been contemplated by the parties had the employment been offered.