Discrimination in UK Law

Leading Cases
  • James v Eastleigh Borough Council
    • House of Lords
    • 14 juin 1990

    This is because, as I see it, cases of direct discrimination under section 1(1)( a) can be considered by asking the simple question: would the complainant have received the same treatment from the defendant but for his or her sex?

  • Madarassy v Nomura International Plc
    • Court of Appeal (Civil Division)
    • 26 janvier 2007

    The bare facts of a difference in status and a difference in treatment only indicate a possibility of discrimination. They are not, without more, sufficient material from which a tribunal “could conclude” that, on the balance of probabilities, the respondent had committed an unlawful act of discrimination.

  • R (Carson) v Secretary of State for Work and Pensions
    • House of Lords
    • 26 mai 2005

    If this prerequisite is satisfied, the essential question for the court is whether the alleged discrimination, that is, the difference in treatment of which complaint is made, can withstand scrutiny. There may be such an obvious, relevant difference between the claimant and those with whom he seeks to compare himself that their situations cannot be regarded as analogous.

  • Hendricks v Commissioner of Police for the Metropolis
    • Court of Appeal (Civil Division)
    • 27 novembre 2002

    She is, in my view, entitled to pursue her claim beyond this preliminary stage on the basis that the burden is on her to prove, either by direct evidence or by inference from primary facts, that the numerous alleged incidents of discrimination are linked to one another and that they are evidence of a continuing discriminatory state of affairs covered by the concept of "an act extending over a period."

  • R v Birmingham City Council, ex parte Equal Opportunities Commission
    • House of Lords
    • 17 février 1992

    There is discrimination under the statute if there is less favourable treatment on the ground of sex, in other words if the relevant girl or girls would have received the same treatment as the boys but for their sex.

  • Nagarajan v London Regional Transport
    • House of Lords
    • 15 juillet 1999

    Thus, in every case it is necessary to enquire why the complainant received less favourable treatment. Or was it for some other reason, for instance, because the complainant was not so well qualified for the job? Save in obvious cases, answering the crucial question will call for some consideration of the mental processes of the alleged discriminator. Treatment, favourable or unfavourable, is a consequence which follows from a decision.

    The crucial question just mentioned is to be distinguished sharply from a second and different question: if the discriminator treated the complainant less favourably on racial grounds, why did he do so? Racial discrimination is not negatived by the discriminator's motive or intention or reason or purpose (the words are interchangeable in this context) in treating another person less favourably on racial grounds.

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Books & Journal Articles
  • Religious Discrimination
    • Num. 48-4, December 2001
    • Probation Journal
  • Racial Discrimination
    • Num. 46-6, November 1983
    • The Modern Law Review
  • Pregnancy Discrimination
    • Num. 59-4, July 1996
    • The Modern Law Review
  • Invisible discrimination
    • Num. 12-3, September 2012
    • International Journal of Discrimination and the Law
    With the advent and popularity of social networking sites, the boundaries of the relationship between the employer and employee/prospective employee have stretched well beyond the workplace and wor...
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Law Firm Commentaries
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