08/09/1988

Meer v. London Borough of Tower Hamlets

Uncategorized

Court of Appeal

Mr. Meer, who is of Indian origin, applied for a post as a solicitor. The respondents used twelve criteria for selection, one of which was previous experience in Tower Hamlets. Mr. M contended that this criterion was indirectly discriminatory contrary to the Race Relations Act 1976 s.4(1)(a) and s.1(1)(b). Following the Court of Appeal decision in Perera v Civil Service Commission (No.2) [1983] I.C.R. 428, the tribunal and the E.A.T. dismissed the complaint on the grounds that the criterion was not a requirement or condition and was not therefore an absolute bar to selection. Mr. Meer appealed.
HELD: dismissing the appeal, that the tribunal and the E.A.T. had correctly held that the criterion was not essential and was not therefore "a requirement or condition" within the meaning of s.1(1)(b). The binding effect of Court of Appeal decisions was well-established and the present case could not be distinguished on any reasonable basis.

[1988] IRLR 399