Malik v Post Office Counters Ltd [1992] UKEAT 282_91_1610 (16 October 1992)

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

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Parties

Mr Malik

Appellant

Post Office Counters Ltd

Respondent

Procedural Posture

Appeal From Industrial Tribunal / Judgment on Preliminary Issue

  1. 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. 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