Harrods Ltd v Remick [1995] UKEAT 397_95_1112 (11 December 1995)

Harrods Ltd v Remick [1995] UKEAT 397_95_1112 (11 December 1995)

Section 7 of the Race Relations Act 1976 applies to workers employed by concessionaires operating within Harrods, as the work performed was for Harrods' benefit and under its control, satisfying the statutory requirements. The Industrial Tribunals were correct in finding jurisdiction in the cases of Ms Remick and Mrs Seeley. The Tribunal erred in Mrs Elmi's case by failing to apply s.7 correctly; her work also fell within the protection of s.7.

Citation
[1995] UKEAT 397_95_1112
Parties
Appellant: Harrods Ltd; Respondent: Ms Remick; Respondent: Mrs Seeley; Respondent: Mrs Elmi
Jurisdiction
United Kingdom
Judgment Date
11 December 1995
Procedural Posture
Appeal / Judgment on Appeals From Industrial Tribunal Decisions
Outcome
Harrods' appeals in the cases of Ms Remick and Mrs Seeley dismissed; Mrs Elmi's appeal allowed.
Legal Topics
Race Discrimination, Contract Workers, Interpretation of Race Relations Act 1976 S.7, Employment Status, Principal Contractor Relationships
Employment Law Equality Law Race Discrimination Contract Workers Interpretation of Race Relations Act 1976 S.7 Employment Status Principal Contractor Relationships

Case Brief

Summary, issues, holding and outcome

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Parties

Harrods Ltd

Appellant

Ms Remick

Respondent

Mrs Seeley

Respondent

Mrs Elmi

Respondent

Procedural Posture

Appeal / Judgment on Appeals From Industrial Tribunal Decisions

Legal Issues

  1. 1 Whether Harrods Ltd is liable for race discrimination under s.7 of the Race Relations Act 1976 to workers not directly employed by them but by concessionaires operating within Harrods' store.
  2. 2 Whether the work performed by the respondents was 'work for' Harrods within the meaning of s.7 of the 1976 Act.

Ratio Decidendi

Section 7 of the Race Relations Act 1976 applies to workers employed by concessionaires operating within Harrods, as the work performed was for Harrods' benefit and under its control, satisfying the statutory requirements. The Industrial Tribunals were correct in finding jurisdiction in the cases of Ms Remick and Mrs Seeley. The Tribunal erred in Mrs Elmi's case by failing to apply s.7 correctly; her work also fell within the protection of s.7.

Court Disposition

Harrods' appeals in the cases of Ms Remick and Mrs Seeley dismissed; Mrs Elmi's appeal allowed.

Orders

  • Leave to appeal to the Court of Appeal granted.
  • Order for legal aid taxation of Ms Remick's costs of the appeal.