British Airways Plc v Ms Eliza Mak & Ors
The Court of Appeal has handed down its decision in the above case and confirmed that jurisdiction is conferred on an ET to hear race and age discrimination claims provided the Claimant does his or her work ‘partly’ in Great Britain.
The Claimants were cabin crew of Chinese nationality who were based in Hong Kong. The case turned on whether employment was ‘at an establishment in Great Britain’ for the purposes of the Race Relations Act and the Employment Equality (Age) Regulations.
The Court of Appeal held that the ET did not err in law in finding that Ms Mak did her work partly in Great Britain, despite the fact that this only made up a small percentage of her work. The Court found that as long as the work was done ‘partly’ in the UK, regardless of how much that actually amounted to, s.8 (1) was satisfied.
