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.
The Employment Appeal Tribunal has confirmed that a paid volunteer is not an employee for the purposes of the Disability Discrimination Act 1995 where there is no mutuality of obligation between the parties.
In Aitken v Commissioner of Police of the Metropolis EAT/0226/09, the EAT held that, in assessing whether or not a police officer who had displayed violent tendencies had been discriminated against, the employment tribunal was entitled to have regard to the need for a police officer not to appear to present a danger to colleagues or the public.