BBC Scotland v Souster [2000] ScotCS 308 (07 December 2000)

BBC Scotland v Souster [2000] ScotCS 308 (07 December 2000)

Discrimination on grounds of English or Scottish national origins falls within 'racial grounds' under the Race Relations Act 1976. The Act is not confined to legal nationality or citizenship but includes national origins as historically and geographically defined groups. The Employment Tribunal has jurisdiction to hear claims of discrimination based on English or Scottish national origins. The appeal is refused and the case is remitted to the Employment Tribunal.

Citation
[2000] ScotCS 308
Parties
Appellant: BBC Scotland; Respondent: Mark Douglas Souster
Jurisdiction
Scotland
Judgment Date
07 December 2000
Procedural Posture
Appeal Under Section 37 of the Employment Tribunals Act 1996 / Appeal From Employment Appeal Tribunal to Court of Session (inner House, Extra Division)
Outcome
Appeal refused
Legal Topics
Racial Discrimination, National Origins, Interpretation of Race Relations Act 1976, Employment Contracts, Jurisdiction of Employment Tribunals
Employment Law Discrimination Law Racial Discrimination National Origins Interpretation of Race Relations Act 1976 Employment Contracts Jurisdiction of Employment Tribunals

Case Brief

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Parties

BBC Scotland

Appellant

Mark Douglas Souster

Respondent

Procedural Posture

Appeal Under Section 37 of the Employment Tribunals Act 1996 / Appeal From Employment Appeal Tribunal to Court of Session (inner House, Extra Division)

Legal Issues

  1. 1 Whether discrimination on grounds of English national origin falls within 'racial grounds' under the Race Relations Act 1976
  2. 2 Whether 'national origins' in the Act includes distinctions between English and Scottish origins
  3. 3 Whether English or Scottish groups constitute 'ethnic groups' under the Act

Ratio Decidendi

Discrimination on grounds of English or Scottish national origins falls within 'racial grounds' under the Race Relations Act 1976. The Act is not confined to legal nationality or citizenship but includes national origins as historically and geographically defined groups. The Employment Tribunal has jurisdiction to hear claims of discrimination based on English or Scottish national origins. The appeal is refused and the case is remitted to the Employment Tribunal.

Court Disposition

Appeal refused

Orders

  • Case remitted to the Employment Tribunal to proceed as accords