Mandla v Dowell Lee
Sikhs are an ethnic group, because they have a long shared history and a cultural tradition of their own, so refusing a Sikh boy a school place unless he removed his turban was unlawful race discrimination.
Facts
Gurinder Singh Mandla, a Sikh boy, was offered a place at a private school, on condition that he cut his hair and stopped wearing a turban, because the school's uniform rules did not allow turbans. His father refused, and complained that this was unlawful indirect discrimination on racial grounds under the Race Relations Act 1976. The Court of Appeal held that Sikhs were not a racial group, because they were a religious group, not an ethnic group.
Legal principle
The House of Lords held that Sikhs were an ethnic group, so the condition was unlawful indirect discrimination. Lord Fraser said that, for a group to constitute an ethnic group, it must regard itself, and be regarded by others, as a distinct community by virtue of certain characteristics, of which two are essential: a long shared history, of which the group is conscious as distinguishing it from other groups, and a cultural tradition of its own, including family and social customs and manners. Other relevant characteristics include a common geographical origin, a common language, a common literature and a common religion. Sikhs satisfied the test, and the school could not justify the condition.
Related cases on discrimination at work
- Archibald v Fife Council [2004] UKHL 32, [2004] ICR 954
- Chief Constable of the West Yorkshire Police v Khan [2001] UKHL 48, [2001] 1 WLR 1947
- Coleman v Attridge Law Case C-303/06, [2008] ECR I-5603
- Essop v Home Office (UK Border Agency) [2017] UKSC 27, [2017] 1 WLR 1343
- Eweida v United Kingdom (2013) 57 EHRR 8
- Forstater v CGD Europe [2022] ICR 1
- Grainger plc v Nicholson [2010] ICR 360
- Homer v Chief Constable of West Yorkshire Police [2012] UKSC 15, [2012] ICR 704
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