Race discrimination

The Court of Appeal has reduced a career-long discrimination compensation award, finding that an employer only has to compensate a former employee up to the point where it is likely that the individual would have found an equivalent job. When calculating future losses, tribunals should assess the loss suffered up to a certain point in time when an employee would be likely to secure another job on similar terms, rather than award compensation up to the point when there was certainty that the employee would secure another job on equivalent terms.

B, a German employee, brought a claim for race discrimination against the bank when he was selected for redundancy, on the ground that the bank favoured Canadian employees when it came to job losses.

An employer’s blanket policy of not accepting applications from non-EEA nationals who required a work permit to work in the UK was indirect race discrimination.

D, a police sergeant, brought a direct discrimination claim against his employer under the Race Relations Act 1976, alleging that he had been transferred against his will to another police station on the ground of his race.

One of the weapons in the armoury of an aggrieved employee (where discrimination is alleged) is the statutory questionnaire. This case is a reminder that the failure of the employer to respond to such a questionnaire does not, of itself, automatically give rise to an inference of discrimination.