||All England Reporter
|| All ER (D) 334 (Nov)
|| UKHL 51
||House of Lords
Lord Hoffmann, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Lord Carswell and Lord Brown of Eaton-under-Heywood
||Robin Allen QC and Akua Reindorf (instructed by the Commission for Racial Equality) for the claimant.
||Gavin Millar QC and Michael Ford (instructed by Thompsons) for the defendant.
||21 November 2007
Race relations - Discrimination - Employment - Non-selection of complainant as candidate for elections by Labour Party - Qualifying bodies - Whether employment tribunal having jurisdiction to hear complaints - .
The Labour party was not a qualifying body for the purposes of s12 of the . That did not mean that a political party was entitled to discriminate on racial grounds: it was not. But the relevant prohibition was in s 25, not s 12. Moreover, a decision made by a competent tribunal as to jurisdiction was binding on the parties, even though a later decision might show that it was erroneous in law. Thus, the Employment Appeal Tribunal was a court of competent jurisdiction to determine whether or not the Labour party was a qualifying body within the meaning of s 12, whether the issue was formulated as one of fact or law. There was no basis for distinguishing between questions which 'go to its jurisdiction' and those which did not.
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