One of the most subtle distinctions I have seen for some time is reported in the case of Okonu v G4S Security Services (UK) Limited 2007.

The case was originally in Tribunal because Mr Okonu had felt that he was being discriminated against.

Mr Okonu failed in his case of race discrimination in the first instance because the Tribunal considered that the discrimination was on the basis of national origin and claims of national origin fell under the Race Relations Act.

Mr Okonu appealed because he felt that the Tribunal did not consider whether or not he had been discriminated against on the grounds of his colour (as well as his national origin). With the now infamous reversal of the burden of proof which applied to discrimination on the grounds of race, ethnic or national origin did not, the Court said, apply to discrimination on the grounds of nationality or colour.

Sadly this is one of those cases from which the General Practitioner of Human Resource Management can take very little except the importance of a lawyer when defending or prosecuting a race discrimination claim.