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LORD JUSTICE SCHIEMANN LORD JUSTICE ROBERT WALKER and MR. JUSTICE LLOYD ____________________
(Transcript of the Handed Down Judgment of Smith Bernal Reporting Limited, 190 Fleet Street London EC4A 2AG Tel No: 020 7421 4040, Fax No: 020 7831 8838 Official Shorthand Writers to the Court)
Donald D'SOUZA - in person Jeffrey BURKE Q.C. and Keith BRYANT (instructed by Legal Department of London Borough of Lambeth for the Respondent) ____________________
(2) It is unlawful for a person, in the case of an employee employed by him at an establishment in Great Britain, to discriminate against that employee - (a) in the terms of the employment which he affords him; or (b) in the way he affords him access to opportunities for promotion, transfer or training, or to any other benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or (c) by dismissing him, or subjecting him to any other detriment".
"I accept the submission of Mr. Greening for the Post Office that giving the words "in the case of a person employed by him" their ordinary and natural meaning in their context, those words mean, and can only mean, "in the case of a person who is employed by him". ... I ... conclude that the appeal tribunal was right to hold that section 4 (2) of the Race Relations Act 1976 protects only those whose employment continues at the time of the act of discrimination.
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