3 comments on “The answer to Anti-English discrimination? – SUE!!!

  1. So under paragraph 10 they lost all their claims. It would have been better for them to have sued for victimisation rather than discrimination. Clearly the perceptions of the bank staff were racist and did not like the EDP standing up for English rights this is victimisation not harassment and not discrimination.

    Sadly they didn’t win because the claim was wrongly submitted the judge goose stepped over the issue.

    • I don’t suppose you would care to cite the legislation whereby a case for victimisation as distinct from discrimination could have been made?

      • Alan,

        The Equality Act 2010 replaced the Race Relations Act 1976 on 1st October 2010. This case was based upon the 1976 Act but nevertheless a Victimisation claim could have still been pursued.

        Under the new Act Victimisation is dealt with under Section 27, Direct Disrimination under Section 13.

        The reason why a victimisation claim could have been pursued was because the EDP were and still are doing what is known as a protected Act, and they have been denied service provision because they did and or doing a protected act. The protected Act being fighting anti-English discrimination.

        A discrimination claim on the other hand whether it be direct or indirect requires a comparator, and in this case the comparator would be Scottish, Welsh or Irish Nationalist Party trying to open a bank account. Had any of those been allowed to open a bank account at the same branch but not the EDP then that would be sufficient to prove direct racial discrimination.

        On the other hand harassment claims do not require a comparator but their explanation was enough to resist that part of the claim.

        I suggest you download the new Prohibited Conduct Questionnaire and the servicescode and employercode from the Equality and Human Rights wensite.

        The new Act makes it easier for English people to sue for racial discrimination.

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