Unegbu v Dimension Data Network Services Ltd - Applying criteria coterminous with being of particular national origin is race discrimination [2009] EAT

Mr Unegbu was on the books of Technet, a specialist IT recruitment company. In response to a request for staff from Dimension, Technet did not put him forward: Dimension, through their manager Mrs Nicholson, made clear that any candidates must be British nationals holding British passports since this was MoD work for Airbus UK. This was necessary so as to get security clearance - and was not a requirement set by Dimension. This was not the case, but was Mrs Nicholcon's genione mistaken belief. Mr Unegbu claimed race discrimination, on the grounds that he was of Nigerian national origin.

An employment tribunal concluded that this amounted to indirect race discrimination: this finding was not appealed.

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