Race discrimination: Conscious motivation is not a prerequisite for victimisation

It was a sufficient basis for a claim of victimisation for an unsuccessful job applicant to show that those who had interviewed him were subconsciously influenced by their knowledge of the fact that he had previously done a protected act, holds the House of Lords in Nagarajan v London Regional Transport 15.7.99 House of Lords. Victimisation is made out if, as the employment tribunal in the present case found, protected acts had a significant influence on the outcome.