Abstract
One of the significant innovations of the 1976 Act is that an individual who feels he has suffered discrimination may bring an action on his own behalf. On the face of it this hardly seems remarkable; where a statute creates new rights for the benefit of a category of individuals it usually enables the protected group to enforce those rights in some judicial forum. Yet this was not the position under the previous legislation, and in order to understand the present provisions fully a brief review of the structure of enforcement under the 1968 Act is necessary.
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Notes
[1977] LCR. 308, followed in Charles Early Ltd v. Smith [1978] Q.B. 11, 26 (EAT). These decisions have been heavily criticised, e.g. by Freestone, (1978) 41 M.L.R. 346.
On the inception of industrial tribunals see K. Whitesides and G. Hawker, Industrial Tribunals (Sweet & Maxwell, 1975) chap. 1.
The figures, taken from Department of Employment statistics, appear in B. Bercusson’s annotation of The Employment Protection (Consolidation) Act 1978 (Sweet & Maxwell, 1979) s. 128.
Watting v. William Bird, (1976) 11 I.T.R. 70. Several cases establishing this point are discussed by S. Anderman, The Law of Unfair Dismissal (Butterworth, 1978) pp. 67–8.
For an overview of the origins, purposes and working of tribunals see H. Street, Justice in the Welfare State (Sweet & Maxwell), 2nd edn, 1975, chap. 1.
A concise explanation of why this is so may be found in D. Barnard, The Civil Court in Action (Butterworth, 1977) p. 168.
See, generally, I. Zamir, The Declaratory Judgment (Stevens, 1962).
J. Coussins, Equality Report (NCCL, 1976) p. 18.
ACAS, Annual Report 1978 (H.M.S.O. 1979) table 25. Sixty-one per cent of racial discrimination complaints dealt with by the Service reached a tribunal, compared with 37 per cent of all cases, and 43 per cent of sex discrimination complaints.
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© 1980 Laurence Lustgarten
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Lustgarten, L. (1980). Individual Enforcement of the Act. In: Legal Control of Racial Discrimination. Palgrave, London. https://doi.org/10.1007/978-1-349-16439-4_11
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