Source: All England Reporter
Publisher Citation: [2002] All ER (D) 143 (Oct)
Court: Employment Appeal Tribunal

Recorder Cox QC, Ms N Amin and Mr D Chadwick

Judgment Dates: 10 October 2002


Race relations - Discrimination - Employment - Applicant complaining of sex and race discrimination - Applicant's claim struck out without notice to applicant - Claim struck out on ground that it had no potential to be successful - Chairman finding word 'traveller' not amounting to racial discrimination in relation to person from New Zealand - Whether chairman in error - s 3(1).

The Case

It was well established that discrimination cases should not be struck out save in the plainest and most obvious cases. In the instant case, the chairman had dealt with the word 'traveller' as if it was capable of bearing only one meaning, namely that it related to gypsies. The meaning relied upon by the applicant however, was one which related to Australasian migrant workers and was, he maintained, often used by employment agencies to describe workers from New Zealand. It thus, at least arguably, fell within the definition of 'racial grounds' in s3(1) of the .

Practice Areas

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