Purposive Approach

1. What does the purposive approach focus on?

The purposive approach focuses on what Parliament intended when passing the new law.

2. Why was the purposive approach adopted?

It was adopted to comply with an EU method of interpreting laws.

3. Who extended the preference for the purposive approach?

The preference for the purposive approach was extended to UK legislation by the House of Lords in Pepper v Hart.

4. What happened in Jones v Tower Boot Co?

In Jones v Tower Boot Co, a Black employee had been racially abused while at work, but the company argued that these acts were not within the ‘course of employment’ of the abusive employee (as racial abuse is not part of their job) and therefore the company could not be held liable under s.32 of the Race Relations Act 1976.

5. What did the Court of Appeal determine in Jones v Tower Boot Co?

However, the Court of Appeal decided that Parliament’s intention when passing the Act was to eliminate discrimination in the workplace and therefore this required a wide interpretation of the selected phrase.