Discriminatory non-selection

Case 6: The facts

Raghib Ahsan was a Labour Party councillor in Birmingham but was not re-selected following allegations of vote-fixing and housing irregularities in his council ward - none of which was ever verified.

The Labour Party said that the reason for his non-selection concerned his political position, which was described as "old Labour". It also pointed out that other Asian candidates had been reselected in other wards.

The ruling

The EAT held that Ahsan's racial origins and his association with other Pakistani Muslims had a significant influence on the party's decision not to re-select him, and this was enough to be discriminatory - it did not have to be the only reason.

It also held that the fact that the Party did not discriminate against all Asians did not mean that it did not discriminate against Ahsan.

Carter (on behalf of the Labour Party) v Ahsan UKEAT/0907/03