Race Discrimination in UK Law
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Nagarajan v London Regional Transport
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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. Direct evidence of a decision to discriminate on racial grounds will seldom be forthcoming. Usually the grounds of the decision will have to be deduced, or inferred, from the surrounding circumstances.
All human beings have preconceptions, beliefs, attitudes and prejudices on many subjects. Many people are unable, or unwilling, to admit even to themselves that actions of theirs may be racially motivated. After careful and thorough investigation of a claim members of an employment tribunal may decide that the proper inference to be drawn from the evidence is that, whether the employer realised it at the time or not, race was the reason why he acted as he did.
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Madarassy v Nomura International Plc
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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.
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Shamoon v Chief Constable of the Royal Ulster Constabulary
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This analysis seems to me to point to the conclusion that employment tribunals may sometimes be able to avoid arid and confusing disputes about the identification of the appropriate comparator by concentrating primarily on why the claimant was treated as she was. Was it on the proscribed ground which is the foundation of the application? That will call for an examination of all the facts of the case.
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Essop and Others v Home Office (UK Border Agency)
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Direct discrimination expressly requires a causal link between the less favourable treatment and the protected characteristic. It is dealing with hidden barriers which are not easy to anticipate or to spot.
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R (Elias) v Secretary of State for Defence
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It is the clear purpose of section 71 to require public bodies to whom that provision applies to give advance consideration to issues of race discrimination before making any policy decision that may be affected by them. This is a salutary requirement, and this provision must be seen as an integral and important part of the mechanisms for ensuring the fulfilment of the aims of anti-discrimination legislation.
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Glasgow City Council v Zafar (No.2)
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If he is not a reasonable employer he might well have treated another employee in just the same unsatisfactory way as he treated the complainant in which case he would not have treated the complainant "less favourably" for the purposes of the Act of 1976. The fact that, for the purposes of the law of unfair dismissal, an employer has acted unreasonably casts no light whatsoever on the question whether he has treated the employee "less favourably" for the purposes of the Act of 1976.
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Equality Act 2010
... ... and restate the greater part of the enactments relating to discrimination and harassment related to certain personal characteristics; to enable ... reassignment;marriage and civil partnership;pregnancy and maternity;race;religion or belief;sex;sexual orientation ... (1) In relation to the ... ...
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Race Relations (Amendment) Act 2000
... ... Further extension of 1976 Act to police and other public authorities ... 1: Discrimination by police and other public authorities ... Annotations: Amendments (Textual) # ... ...
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Equality Act 2006
... ... the Disability Rights Commission; to make provision about discrimination on grounds of religion or belief; to enable provision to be made about ... (within the meaning of section 7 of the Equality Act 2010) ,(e) race,(f) religion or belief, and(g) sexual orientation ... (3) For the ... ...
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Race Relations Act 1976
... ... 4), ss. 26(2), 29(3), Sch. 5 para. 11(1)(6); S.I. 2011/2576, art. 5 ... Part I: Discrimination To Which Act Applies ... 1: Racial discrimination ... Annotations: Amendments ... ...
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The Strasbourg Court and Indirect Race Discrimination: Going Beyond the Education Domain
Prohibiting indirect discrimination has been hailed as guaranteeing substantive equality by addressing issues of structural discrimination and inequalities in a way that direct discrimination canno...
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Race Discrimination and the European Union Anno 1996: From Rhetoric to Legal Remedy?
The question of the legal competence of the EU to adopt binding measures to assist in combatting racial discrimination has traditionally not received much attention. The Treaty on European Union do...
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Racial Discrimination and Nationality and Migration Exceptions: Reconciling CERD and the Race Equality
Directive
The principles of equality and non-discrimination offer potentially valuable tools to challenge discriminatory practices employed by States against non-citizens. However, nationality and immigratio...
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Discrimination and Difference: Race and Inequality in Australian Law
The absence in Australia of any constitutionally entrenched protection against racial discrimination allows the Commonwealth Parliament to legislate contrary to internationally recognised principle...
- Race Discrimination
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Addressing Race Discrimination Complaints in the Workplace
Following recent events, employers may experience an increase in the number of race discrimination complaints in the workplace. Many organisations in the United Kingdom, in the United States, and g...
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Are negligent race discrimination allegations protected by UK law?
An employer retaliating against the maker of a race discrimination complaint will be guilty of victimisation unless the complaint is untrue and made in bad faith. But what if the complaint is made ...
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No race discrimination in employer not investigating dishonest grievance
A finding of race discrimination in the UK requires the employee to show both (a) that he was less favourably treated on grounds of race; and (b) that he suffered a detriment. The need to establis...
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Notice of intention to pursue an appeal (UTIAC)
Immigration and Asylum Chamber (Upper Tribunal) forms including the judicial review form.... ... B. You are currently in the United Kingdom and have appealed on race discrimination grounds. You have ... now been granted leave to enter or ... ...
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T420)
Includes the refund form for claimants.... ... has violated your rights or make a recommendation in a discrimination ... case that the respondent take action to reduce the likelihood of the ... or civil partnership, pregnancy or maternity, gender reassignment, race, sexual ... orientation, religion or belief, age, or for a reason related ... ...
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Make a claim with others to an employment tribunal
Includes the refund form for claimants.... ... Compensation only ... If claiming discrimination, a recommendation (see Guidance) ... 9.2 What compensation or remedy are ... ...