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‘Benign’ motive cases:

‘Benign’ motive cases:
• Pressure from Workforce: R v Commission for Racial Equality ex parte Westminster City Council [1985] ICR 827 (CA) Council dismissed a newly-hired black worker because of pressure from the white workforce to revert to the word-of-mouth hiring practice.

• Affirmative action (not sanctioned by Legislation): Jepson and Dyas-Elliott v The Labour Party [1996] IRLR 116, IT. (An attempt to balance the representation of the sexes in Parliament amounted to direct discrimination)

• Chivalry: Ministry of Defence v Jeremiah [1980] QB 87, CA. (Women not required to work in dirty part of factory.)

• Protection from harassment: Grieg v Community Industry [1979] ICR 356, EAT. (Woman denied work with all-male decorating team.)

• Customer Preference: See the US case, Diaz v Pan Am 442 F 2d 385(5th Cir 1971), certiorari denied, 404 US 950 (1971). (Preference for (female) air stewardesses.) Segor v Goodrich Actuation Systems Ltd (2012) UKEAT/0145/11/DM (US arms contract stipulated ‘no French nationals’.

• Racial preference based on religious doctrine: R (on the application of A) v Governing Body of JFS [2009] UKSC 15, [150], Lord Clarke: ‘a person who honestly believed, as the Dutch Reformed Church of South Africa until recently believed, that God had made black people inferior and had destined them to live separately from whites, would be able to discriminate openly against them without breaking the law.’

• To ensure racial impartiality: Amnesty Int v Ahmed [2009] IRLR 884 (EAT). (Preference for case-workers not to be a national of the country under investigation.) See Connolly, (2009) 94 Emp. L.B.4-7 (Westlaw).

• Protection from violence: Amnesty Int v Ahmed [2009] IRLR 884 (EAT) (above.)

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