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Segor v Goodrich Actuation Systems Ltd - Tribunal should only accept "clear, unambiguous and unequivocal" abandonment of claim [2012] EAT

If part of a claim appears to a tribunal to have been withdrawn or conceded, it must be absolutely sure that there has been a clear, unambiguous and unequivocal concession or abandonment before it dismisses that part of the claim.

Ms Segor was a French woman of black Afro-Carribean origin. She brought claims of race and sex discrimination, which Goodrich denied with one exception. It admitted that it had not appointed Ms Segor as a Project Manager (Military), but argued that it had a defence to this because the US Government, as a major customer, had until 2007 proscribed (under its International Trade in Arms Regulations (ITAR) French nationals from being engaged in such a capacity in the employment of those contracted to supply parts for arms and military aircraft (as were Goodrich). Under Race Relations Act 1976 sec 41 (now Equality Act 2010 Sched 23 para 1) such a defence would apply based on a UK statute - the question was whether such a defence could be founded on a US statute.

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