Hottak & Anor, R (On the Application Of) v The Secretary of State for Foreign And Commonwealth Affairs & Anor

Hottak & Anor, R (On the Application Of) v The Secretary of State for Foreign And Commonwealth Affairs & Anor

The Equality Act 2010 does not apply to Afghan nationals locally employed by the UK government in Afghanistan, as their employment lacks the exceptionally strong connection with Great Britain required for extra-territorial application. The differences between the Afghan and Iraq LES schemes were justified by differing local conditions, not by nationality, and did not amount to direct or indirect discrimination. The court had no jurisdiction to entertain the claim under Part 5 or Part 3 of the Act. Although there was a breach of the public sector equality duty in formulating the Afghan Scheme, a subsequent equality analysis was performed and declaratory relief was sufficient; no...

Parties
Claimant/appellant: Mohammed Rafi Hottak; Claimant/appellant: AL; Defendant/respondent: The Secretary of State for Foreign and Commonwealth Affairs; Defendant/respondent: The Secretary of State for Defence
Jurisdiction
England and Wales
Judgment Date
09 May 2016
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Extra Territorial Application of Equality Act 2010, Direct and Indirect Discrimination, Public Sector Equality Duty (psed), Judicial Review Remedies, Jurisdictional Limits of UK Employment Law, Comparison of Afghan and Iraq LES Schemes
Employment Law Equality and Discrimination Law Administrative Law Public Law Extra Territorial Application of Equality Act 2010 Direct and Indirect Discrimination Public Sector Equality Duty (psed) Judicial Review Remedies +2 more

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Parties

Mohammed Rafi Hottak

Claimant/appellant

AL

Claimant/appellant

The Secretary of State for Foreign and Commonwealth Affairs

Defendant/respondent

The Secretary of State for Defence

Defendant/respondent

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Does Part 5 of the Equality Act 2010 (work provisions) apply to Afghan nationals locally employed by the UK government in Afghanistan?
  2. 2 Does Part 3 of the Equality Act 2010 (public functions) provide an alternative basis for a discrimination claim?
  3. 3 Was there direct or indirect discrimination against Afghan LES compared to Iraqi LES?

Ratio Decidendi

The Equality Act 2010 does not apply to Afghan nationals locally employed by the UK government in Afghanistan, as their employment lacks the exceptionally strong connection with Great Britain required for extra-territorial application. The differences between the Afghan and Iraq LES schemes were justified by differing local conditions, not by nationality, and did not amount to direct or indirect discrimination. The court had no jurisdiction to entertain the claim under Part 5 or Part 3 of the Act. Although there was a breach of the public sector equality duty in formulating the Afghan Scheme, a subsequent equality analysis was performed and declaratory relief was sufficient; no...

Court Disposition

Appeal dismissed

Orders

  • Declaration that the defendants failed to have due regard to section 149(1)(b) and (c) of the Equality Act 2010 when formulating the Afghan Scheme
  • No quashing order or mandatory relief granted