''Weathersfield Ltd v Sargent''
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IRLR 94 is a
UK labour law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...
case concerning the scope of race discrimination.
Facts
Mrs Sargent got a job at Weathersfield, a car-hire company. She was told, "we do have a special policy regarding coloured and Asians. We have got to be careful who we hire the vehicles to. If you get a telephone call from any coloured or Asians you can usually tell them by the sound of their voice. You have to tell them that there are no vehicles available."
She was appalled, and she resigned. She claimed constructive unfair dismissal for race discrimination. The question was, although she was not herself black, was the treatment she has on grounds of race?
Judgment
It was held that she could claim. In 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 ...
it says, "A person discriminates against another in any circumstances relevant for the purposes of any provision of this Act if (a) on racial grounds he treats that other less favourably than he treats or would treat other persons". Although Mrs Sargent was not herself coloured or Asian, the foul conduct of the employer was still "on racial grounds".
See also
*''
Wilson v TB Steelwork Co Ltd'' (ET Case no. 23662/77) A white woman won a race discrimination claim after being refused a job because her husband was black.
*
UK employment discrimination law
United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected ...
*
UK labour law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...
Notes
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United Kingdom labour case law
Anti-discrimination case law in the United Kingdom
Court of Appeal (England and Wales) cases
1998 in United Kingdom case law