All items: Indirect discrimination

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  Ali v Office of National Statistics [2005] IRLR 201 CA (1 report relating to this case)

  • Points of procedure

    Date:

    10 June 2005

    A review of recent significant cases on practice and procedure in the employment tribunals, EAT and Court of Appeal.

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  Azam and others v JH Walker Ltd [1994] IT/41161/92 (1 report relating to this case)

  • Holiday bar discriminated against Asians

    Date:

    1 June 1994

    Muslim Asian workers who were disciplined for taking time off to celebrate a religious festival in breach of a holiday embargo were unlawfully discriminated against on grounds of race, rules a Leeds industrial tribunal (Chair: J A Pickard) in Azam and others v JH Walker Ltd.

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  Azam v JH Walker Ltd [1995] EAT (1 report relating to this case)

  • Unintentional indirect discrimination test

    Date:

    1 December 1995

    In Azam v JH Walker Ltd the EAT has clarified the test for unintentional indirect discrimination under the Race Relations (and Sex Discrimination) Acts by holding that a tribunal is entitled to infer an intention to discriminate 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

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  Badara v Pulse Healthcare Ltd EAT/0210/18 (1 report relating to this case)

  • Right to work: Employer wrong to rely on checking service

    Date:

    17 December 2019

    In Badara v Pulse Healthcare Ltd, the Employment Appeal Tribunal held that the employer should not have relied solely on negative Home Office checks when it dismissed the employee for failing to provide right to work documentation.

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  Bains v Amber Leisure Ltd [1994] IT/09972/94 (1 report relating to this case)

  • Minorities 'inferior to whites'

    Date:

    1 March 1995

    It is a foreseeable consequence of discriminatory treatment that an employee will become upset and demotivated, holds a Birmingham industrial tribunal (Chair: A J McCarry) in Bains v Amber Leisure Ltd, finding that the dismissal of an ethnic minority employee for redundancy was unlawful discrimination even though he had requested it.

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  Barclays Bank plc v Kapur and others (No.2) [1995] IRLR 87 CA (2 reports relating to this case)

  • Race discrimination: Non-recognition of African service was not on "racial grounds"

    Date:

    1 December 1994

    East African Asian employees of a UK bank who were required to waive their right to have their African service with a "group" employer credited for pension purposes, had not suffered race discrimination, holds the Court of Appeal in Barclays Bank plc v Kapur and others.

  • No discrimination without racially-based reason

    Date:

    1 December 1994

    An industrial tribunal erred in finding that there had been direct racial discrimination in the absence of a finding that the reason for the treatment complained of was race-based, rules the Court of Appeal in Barclays Bank plc v Kapur and others (No.2).

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  Barclays Bank plc v Kapur and others [1989] IRLR 387 CA (1 report relating to this case)

  • Continuing discrimination

    Date:

    1 September 1989

    In Barclays Bank plc v Kapur and others (29.6.89) EOR27A, the Court of Appeal holds that where a discriminatory rule or practice is maintained by an employer, the act of discrimination continues so long as it is maintained.

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  Barclays Bank plc v Kapur and others [1989] IRLR 57 EAT (1 report relating to this case)

  • Restrictive interpretation of "continuing discrimination"

    Date:

    1 March 1989

    In Barclays Bank plc v Kapur and others (21.12.88) EOR24B , the EAT takes a narrow view of when an act of discrimination can be regarded as continuing over a period, an issue of importance for whether a discrimination complaint is presented to a tribunal within the statutory time limit.

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  Barclays Bank plc v Kapur and others [1991] IRLR 136 HL (1 report relating to this case)

  • Pensions discrimination is a continuing act

    Date:

    1 March 1991

    In Barclays Bank plc v Kapur and others (24 January 1991) EOR36B, the House of Lords holds that an employer's refusal to allow an employee's previous service to count towards a pension is an "act extending over a period" within the meaning of s.68(7)(b) of the Race Relations Act rather than a "deliberate omission" within the meaning of s.68(7)(c).

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  Board of Governors of St Matthias Church of England School v Crizzle [1993] IRLR 472 EAT (2 reports relating to this case)

  • School could require committed Christian

    Date:

    1 November 1993

    In Board of Governors of St Matthias Church of England School v Crizzle (23 February 1993) EOR52D, the EAT overrules an industrial tribunal and holds that a condition that an applicant for a post as headteacher in a Church of England school had to be "a committed communicant Christian" was justifiable, notwithstanding that it had an adverse impact upon those of Asian origin.

  • Racial discrimination: Church school was entitled to seek practising Christian head

    Date:

    15 July 1993

    In advertising for a headteacher who was a communicant in the Christian church, the governors of a Church of England voluntary aided school did not indirectly racially discriminate against an applicant of Asian origin, holds the EAT in Board of Governors of St Matthias Church of England School v Crizzle.