Victimisation

New and updated

• Type:

  Employment law guide

  Discrimination in recruitment and selection

  Updated to include a reference to the protection from harassment measures in the Employment Rights Bill, published on 10 October 2024.

• Type:

  Employment law guide

  Disability discrimination

  Updated to include information on measures relating to disability in the Employment Rights Bill and the forthcoming Equality (Race and Disability) Bill. 

• Type:

  Employment law guide

  Victimisation

  Updated to include a reference to First Greater Western Ltd v Moussa, in which the EAT considered whether the employer's "collective memory" influenced its approach to the internal proceedings.

• Type:

  Employment law guide

  Pregnancy and maternity discrimination

  Updated to include information on the measures extending protection against dismissal under the Employment Rights Bill, published 10 October 2024.

• Type:

  Employment law cases

  Religion or belief discrimination: Consultant discriminated against for gender-critical belief

  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.

• Type:

  Employment law cases

  Whistleblowing: Aggravated damages awarded for "malicious" and "vindictive" treatment

  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.

• Type:

  Employment law cases

  Victimisation: Focus of test for bad faith is honesty, not motivation

  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.

• Type:

  Employment law cases

  Equality Act 2010: EAT case suggests victimisation by association is possible

  The Employment Appeal Tribunal (EAT) has suggested that the victimisation provisions in the Equality Act 2010 extend to claims of discrimination by association.

• Type:

  Employment law cases

  Victimisation: Post-employment victimisation is unlawful under the Equality Act 2010

  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.

• Type:

  Employment law cases

  Case round-up

  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.