Race discrimination law in the UK is covered by the Race Relations Act 1976. The law explicitly forbids discrimination on the grounds of race, ethnic and national origins; however, it does not mention the ground of colour. Although it is difficult to imagine how discrimination on the ground of colour could also not be discrimination on the grounds of race, ethnic or national origins, does an employee alleging race discrimination on the ground of colour have a case in UK law? The UK landmark case of Chagger v Abbey National plc & Hopkins of 2006, where the Employment Tribunal’s finding of race discrimination led to the record compensation award of £2.8 million, provides some guidance on the issue.
The Employment Tribunal found that Mr Hopkins had used the redundancy process as a means to remove Mr Chagger from his position, and that both Mr Hopkins and Abbey National had discriminated against Mr Chagger on the grounds of race in respect of his dismissal.Abbey National and Mr Hopkins proceeded to appeal to the Employment Appeal Tribunal (EAT) against the verdict of race discrimination saying, amongst other things, that Mr Chagger had alleged discrimination on the ground of colour because he had referred to that ground in his evidence before the Employment Tribunal, and discrimination on the ground of colour is not covered by UK Law.
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