Elmi v Harrods Ltd & Anor [1997] EWCA Civ 2126 (17th July, 1997)

Elmi v Harrods Ltd & Anor [1997] EWCA Civ 2126 (17th July, 1997)

Section 7 of the Race Relations Act 1976 applies to the complainants because the work they performed was 'work for' Harrods, and they were supplied under contracts between Harrods and their employers; the statutory language does not require managerial control or that the supply of workers be the primary purpose of the contract.

Citation
[1997] EWCA Civ 2126
Parties
Appellant: Harrods Ltd; Respondent: Mrs Elmi; Respondent: Mrs Seeley; Respondent: Mrs Remick
Jurisdiction
England and Wales
Procedural Posture
Appeal / Judgment on Appeal From Employment Appeal Tribunal
Outcome
Appeal dismissed
Legal Topics
Racial Discrimination, Interpretation of Section 7 Race Relations Act 1976, Contract Workers, Remedies for Discrimination
Employment Law Equality Law Racial Discrimination Interpretation of Section 7 Race Relations Act 1976 Contract Workers Remedies for Discrimination

Case Brief

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Parties

Harrods Ltd

Appellant

Mrs Elmi

Respondent

Mrs Seeley

Respondent

Mrs Remick

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether section 7 of the Race Relations Act 1976 applies to contract workers in the circumstances of the complainants' engagement at Harrods
  2. 2 Whether the work done by the complainants is 'work for' Harrods within the meaning of section 7
  3. 3 Whether the complainants were supplied under a contract made with Harrods

Ratio Decidendi

Section 7 of the Race Relations Act 1976 applies to the complainants because the work they performed was 'work for' Harrods, and they were supplied under contracts between Harrods and their employers; the statutory language does not require managerial control or that the supply of workers be the primary purpose of the contract.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Leave to appeal refused