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Chambers & Partners
03/04/1990

Lambeth London Borough Council v. Commission for Racial Equality

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Court of Appeal

Appeal against EAT decision that advertising employment for "Afro-Caribbeans and Asians" unlawfully discriminated under s.4(1) Race Relations Act 1976 dismissed.

HELD: While ss.35, 37 & 38 encouraged positive action to meet special needs of racial groups in special fields the reference to "personal" in "personal services promoting their welfare" indicated that the identity of the giver & the recipient was important & the Act contemplated direct contact between giver & recipient. The holders of the managerial jobs advertised did not provide personal services for particular racial groups.

[1990] IRLR 231

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