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Race relations

23 June 2011
Issue: 7471 / Categories: Case law , Law digest
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G (by his litigation friend) v Head Teacher and Governors of St Gregory’s Catholic Science College [2011] EWHC 1452 (Admin), [2011] All ER (D) 113 (Jun)

In considering whether a school had unlawfully prevented the claimant pupil from wearing his hair in “cornrows”, the High Court held that the adjective “particular” as used in s 1(1A) of the Race Relations Act 1976 was obviously intended to indicate that what was recognised was more than a disadvantage. That would apply if a person was unable to act in a way in which he wished to act because, for example, it was considered to be a desirable way of manifesting his or her beliefs. It was clear that more than choice was needed to constitute a particular disadvantage. The word “particular” conveyed the need for a high standard but it might be that the need to show exceptional importance put the threshold too high.

It was established law that for a group to constitute an ethnic group, relevant characteristics included a common geographical origin and being a minority group within a larger community. Consequently, family and social customs could be

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