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Race discrimination: Provision of Race Relations Act incompatible with EC law

This report relates to 1 case(s)

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    Bossa v Nordstress Ltd and another [1998] IRLR 284 EAT (2 other reports)

    • Free movement trumps overseas exclusion

      1 July 1998

      In Bossa v Nordstress Ltd and another (2 March 1998) EOR80C, the EAT rules that the provisions of the Race Relations Act 1976 excluding a complaint relating to employment outside Great Britain must be disapplied where there is a conflict with the right to freedom of movement established by article 48 of the EC Treaty.

    • Article 48 overrides RRA exclusion

      1 June 1998

      The overseas employment exclusion in the Race Relations Act is not compatible with the directly-effective provisions relating to free movement of workers in article 48 of the EC Treaty, the EAT has ruled in Bossa v Nordstress Ltd and another.

In Bossa v Nordstress Ltd and another 2.3.98 EAT 571/96, the EAT holds that an industrial tribunal has jurisdiction to determine an Italian national's complaint that, because of his nationality, he was denied an interview in this country for a job based in Italy. Even though that was not "employment at an establishment in Great Britain", in relation to which discrimination against job applicants is outlawed by the Race Relations Act 1976, that statutory restriction is in conflict with the complainant's directly effective right under Article 48 of the Treaty of Rome to work anywhere within the European Community.