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

This chapter is a peer reviewed, revised and longer version of the unpublished conference paper (2015) deposited in this archive. It discusses the Employment Tribunal's judgement in Fraser v UCU (2013) from a critical race perspective. With reference to antisemitism, the chapter illustrates the judicial privileging of legal formalism in anti-discrimination cases and the resulting failure of the law to address racism. It also illustrates the presence of racist thinking in judicial discourse. Drawing on the work of Didi Herman in 'An Unfortunate Coincidence: Jews, Jewishness and English Law' (OUP 2011), this chapter makes an important contribution to scholarship on the English law's relationship to antisemitism.