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Discrimination: Amnesty International v Ahmed

19 Aug 2009, 12:44 by Pauline Walker

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Labels: constructive-dismissal, employee, employment, race-discrimination, race-relations

On 13 August 2009 the EAT gave its decision in Amnesty International v Ahmed (UKEAT/0447/08/ZT). The case concerned Ahmed, a Sudanese woman, who was refused promotion to the position of Sudan Researcher by Amnesty as they believed that such an appointment would compromise their perceived impartiality and therefore their effectiveness. She resigned and claimed for race discrimination and constructive dismissal.

In their judgment, upholding the original tribunal's decision the EAT stated that this behaviour constituted direct discrimination contrary to sections 1(1)(a) and 4(2)(b) of the Race Relations Act 1976 as the decision not to appoint her was based solely on her ethnic origin and despite Amnesty's potentially justifiable reasons. (James v Eastleigh Borough Council [1990] 2 AC 751 applied). The claim for constructive dismissal failed.

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