In Forstater v CGD Europe and others, an employment tribunal held that a consultant researcher was discriminated against when a think tank ended its relationship with her because of her gender-critical belief, which she had expressed on Twitter.
In Sinelnikova v ActivTrades plc, an employment tribunal upheld a compliance officer's claims of unfair dismissal, whistleblowing and victimisation after finding that she had been subjected to "concerted and malicious" action by her employer.
In Saad v Southampton University Hospitals NHS Trust, the Employment Appeal Tribunal (EAT) held that the primary question, when deciding if an employee acted in bad faith, is whether or not the employee acted honestly in making the discrimination allegation, not the employee's ulterior purpose.
The Employment Appeal Tribunal (EAT) has suggested that the victimisation provisions in the Equality Act 2010 extend to claims of discrimination by association.
In Rowstock Ltd and another v Jessemey [2014] IRLR 368 CA, the Court of Appeal held that the apparent exclusion of post-employment victimisation from the Equality Act 2010 was the result of an inadvertent drafting error and that such conduct is indeed proscribed by the Act.
David Malamatenios is a partner, Linda Quinn and Krishna Santra senior associates and Melissa Powys-Rodrigues and Dominic Speedie associates at Colman Coyle Solicitors. They round up the latest rulings.
The Court of Appeal has held that the Equality Act 2010 can be interpreted to cover post-employment victimisation, resolving the conflict created by two contradictory EAT decisions on this issue.
James Buckle, Gerri Hurst, Joelle Parkinson, Chris McAvoy and Helen Samuel are associate solicitors at Addleshaw Goddard LLP. They round up the latest rulings.
In Martin v Devonshires Solicitors EAT/0086/10, the EAT held that, where an employer dismisses an employee in response to his or her protected act, the employer may not have unlawfully victimised the employee where the reason for the dismissal was some feature of the protected act that can be treated as separable.
In St Helens Metropolitan Borough Council v Derbyshire and others [2007] IRLR 504 HL, the House of Lords held that an employer that wrote to a number of equal pay litigants and their colleagues warning of potential job losses if they continued with their claims victimised them contrary to the Sex Discrimination Act 1975.