Race discrimination

Indirect discrimination by association

An individual may claim indirect discrimination under the Race Equality Directive by means of association with a group that is disadvantaged - even if the individual is not of the same ethnic or racial group.
CHEZ Razpredelenie Bulgaria AD v Komisia za Zashtita ot Diskriminatsia
 

Caste discrimination may be covered by existing equality law

Caste can be protected under the Equality Act but only where caste is part of a protected characteristic, usually ethnic origin.
Chandhok v Tirkey
 

Employee victimised for raising multiple spurious grievances

An employee who was dismissed after he lodged seven race discrimination claims and ten grievances against his employer, most of which were found to be unfounded, had been victimised because the grievances and tribunal claims were ‘protected acts’ under the Equality Act 2010 and he was dismissed for making them.
Woodhouse v West North West Homes Leeds Ltd
 

Career-long loss only to be awarded in exceptional cases

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.
Wardle v Credit Agricole Corporate and Investment Bank
 

Disclosure of documents

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.

Canadian Imperial Bank of Commerce v Beck
 

Work permit rule was discriminatory

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.

Osborne Clarke Services v Purohit
 
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