Malik v Post Office Counters Ltd [1992] UKEAT 282_91_1610 (16 October 1992)
Post Office Counters Ltd does not confer a statutory or de facto authorisation or qualification within the meaning of s.12 of the Race Relations Act 1976 when appointing sub-postmasters; therefore, Mr Malik's claim does not fall within the scope of s.12 and must fail.
- Citation
- [1992] UKEAT 282_91_1610
- Parties
- Appellant: Mr Malik; Respondent: Post Office Counters Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 16 October 1992
- Procedural Posture
- Appeal From Industrial Tribunal / Judgment on Preliminary Issue
- Outcome
- Appeal dismissed
- Legal Topics
- Race Discrimination, Contracts for Services, Statutory Interpretation, Authorisation or Qualification Under Race Relations Act 1976
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Malik
Appellant
Post Office Counters Ltd
Respondent
Procedural Posture
Appeal From Industrial Tribunal / Judgment on Preliminary Issue
Legal Issues
- 1 Does the refusal to appoint Mr Malik as a sub-postmaster by Post Office Counters Ltd fall within s.12 of the Race Relations Act 1976?
- 2 Does Post Office Counters Ltd confer an 'authorisation or qualification' needed for or facilitating engagement in a trade or profession under s.12 of the 1976 Act?
Ratio Decidendi
Post Office Counters Ltd does not confer a statutory or de facto authorisation or qualification within the meaning of s.12 of the Race Relations Act 1976 when appointing sub-postmasters; therefore, Mr Malik's claim does not fall within the scope of s.12 and must fail.
Court Disposition
Appeal dismissed
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