Using section 26 Equality Act 2010 to combat institutional antisemitism: a critical race perspective on Fraser v University and College Union

There is a widely held belief in the UK that Jews benefit from the protection of the equality legislation. While this is certainly true in theory, this does not appear to be the case in practice. To date, every Jewish claimant in a reported discrimination case has failed in their claim against a Christian defendant. According to critical race theorists, anti-discrimination legislation does not effectively oppose and combat racism because it fails to understand the nature of racism; it is interpreted by judges who fail to understand the experience of racism; and because the racism that pervades our society also pervades our legal system and may be uncovered in analytical approaches and judicial decisions. This paper attempts to consider two specific critical race theory claims in relation to antisemitism and the judgment in Fraser v UCU. its focus is not so much with the construction of the legislation as with the wider institutional and ideological context in which it functions.