This is a preview. To continue reading please log in or Register to read this article

Race discrimination: Decision to ignore racial motive for attack amounted to direct race discrimination

This report relates to 1 case(s)

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 18.3.99 EAT 675/98. A decision to disregard the fact that the cause of an attack, or harassment, or provocation, or anything else, is racial is a "race-specific" decision which has a "race-specific" effect and is thus "race-specific" conduct, whatever the motive for the decision.