EAT Practice and Procedure : Striking-Out/Dismissal – VICTIMISATION DISCRIMINATION
It had been determined at an earlier Preliminary Hearing – and was not in dispute either before the Employment Judge or on this appeal – that there could in principle be a claim of associative victimisation. The question for the Employment Judge was whether there was any reasonable prospect of success in such a claim.
Held: the Employment Judge erred in law in seeking a particular form or degree of association for the purpose of a claim of associative victimisation. What matters is whether the treatment of the Claimant was by reason of his association with another who made protected acts: EBR Attridge LLP v Coleman [2010] ICR 242 at paragraph 16 followed and applied.
David Richardson HHJ
[2015] UKEAT 0108 – 15 – 2007
Bailii
England and Wales
Employment
Updated: 04 January 2022; Ref: scu.552425