''Hampson v Department of Education and Science''

989 Year 989 (Roman numerals, CMLXXXIX) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Emperor Basil II uses his contingent of 6,000 Varangians to he ...

ICR 179 is a UK labour law case, concerning the test for justification of discrimination.

Facts

A language teacher from Hong Kong had done a two-year training course at home. She came to the UK where the requirement was for three year qualifications. She did a further one-year training course. The Secretary of State refused to recognise her qualification as comparable, because her three years was not consecutive. She argued this was race discrimination. However, the Secretary of State argued it fell within the exception under the

Race Relations Act 1976 The Race Relations Act 1976 was established by the Parliament of the United Kingdom to prevent discrimination on the grounds of race. The scope of the legislation included discrimination on the grounds of race, colour, nationality, ethnic and na ...

section 41 (acts done under statutory authority).

Judgment

The Court of Appeal, upholding the EAT, found for the Department under RRA 1976 section 41. Balcombe LJ, dissenting, would have remitted the case to tribunal to assess justification. He set out the current approach for justification, relying on ''

Rainey v Greater Glasgow Health Board ''Rainey v Greater Glasgow Health Board'' 987IRLR 26 is a UK labour law case concerning the justifications for unequal pay. Facts Ms Rainey was a prosthetist. Men had been recruited from private practice, to the Board’s new prosthetic fitting ...

'' which incorporated the test given in '' Bilka-Kaufhaus''.

Facts

Judgment

See also