Race discrimination; it is unlawful to segregate employees by race, even if facilities are equal.
Race discrimination; discovery; an employee is entitled to statistics on the ethnic makeup of the workforce.
Race discrimination; membership of a group; one can be discriminated against based on the perception of group membership.
Discrimination; inference; a finding of discrimination can be inferred from the employer's failure to explain differential treatment.
Race discrimination; procedure; allowed amendments to add a claim of institutional racism.
Discrimination; appeal; the definition of 'employment' includes the appeal process.
Discrimination; inference; unreasonable treatment alone is not enough to infer discrimination; there must be 'something more'.
Discrimination; comparator; the comparator must be in relevantly similar circumstances.
Race Discrimination; Victimisation; Causation. The House of Lords (as it then was) held that the 'reason why' test focuses on the conscious or subconscious influence of the protected characteristic on the decision-maker. Motive, whether benign or malicious, is irrelevant if the prohibited ground had a 'significant influence' on the outcome.
Race discrimination; tribunals must look for indicators of bias in the wider factual matrix, as discrimination is rarely overt.
Discrimination; these claims are fact-sensitive and should rarely be struck out without hearing evidence.
Discrimination; appointment; failure to appoint a black candidate was not discrimination where the white candidate was better qualified.
Discrimination; burden of proof; clarified the two-stage test for shifting the burden to the employer.
Race discrimination; dismissal; dismissing a BNP councillor for health and safety reasons (fear of violence) was potentially fair.
Discrimination; burden of proof; a difference in status and difference in treatment is not enough to shift the burden.
Race discrimination; motive; a school admission policy based on Jewish matrilineal descent was direct race discrimination (motive irrelevant).
Discrimination; burden of proof; the Supreme Court held that the two-stage burden of proof test is a tool, not a substitute for the tribunal's duty to find the facts and draw inferences.
Discrimination; race; mistreatment of a migrant worker on grounds of immigration status is not necessarily race discrimination.
Race discrimination; illegality; immigration status; the defense of illegality did not defeat a claim for race discrimination where the public policy against trafficking outweighed the public policy against illegal contracts.
Race discrimination; immigration status; discrimination on the grounds of immigration status does not constitute discrimination on the grounds of nationality or race.
Race discrimination; harassment related to race; constructive unfair dismissal. A Black Nigerian consultant rheumatologist succeeded in claims of direct race discrimination where his name was excluded from biologic prescriptions in favour of a departmental name used for white colleagues. The grievance hearing outcome also constituted race discrimination by sustaining the discriminatory practice rather than correcting it. Harassment related to race succeeded. Constructive dismissal succeeded. All other claims dismissed.