Source: All England Reporter
Publisher Citation: [2003] All ER (D) 245 (May)
Court: Court of Appeal, Civil Division

Peter Gibson, Buxton and Tuckey LJJ

Representation Rajeev Thacker (instructed by Ramsbottom & Co, Blackburn) for the employee.
  Tom Linden (instructed by the Treasury Solicitor) for the employer.
Judgment Dates: 19 May 2003


Discrimination - Racial discrimination - Employment - Armed forces - Application of human rights convention to complaint of race discrimination brought by member of armed forces - Race Relations Act 1976, s 4(2) - Human Rights Act 1998, Sch 1, art 6.

The Case

The right created by s4(2) of the Race Relations Act1976 was not a common law tort, but rather an employment right, and accordingly a soldier, as a public servant, could not invoke art6 of the European Convention on Human Rights to set aside regulations made under the Act relating to his right to bring a complaint under s4(2) of the Act.

Practice Areas

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