EAT Victimisation Discrimination – Although allegations of victimisation were made under section 27 of the Equality Act 2010 the Employment Tribunal had directed itself in terms of a comparator as if the case had been brought pursuant to section 2 of the Race Relations Act 1976. Whilst this was an apparently erroneous approach in fact the comparative approach had not really been used and the Employment Tribunal having asked itself why the Appellant had not been appointed had concluded that her rejection had not been because she had previously brought discrimination proceedings against the Respondent. This was a case where despite any misdirection the Employment Tribunal had been plainly and unarguably right as to the outcome (see Dobie v Burns International Security Services (UK) Ltd [1984] IRLR 329). Although the misdirection was similar to that in Woodhouse v West Northwest Homes Leeds Ltd UKEAT 0007/12/SM the latter was distinguishable on its facts. The appeal was dismissed.
Hand QC
[2013] UKEAT 0233 – 13 – 0111
Bailii
Equality Act 2010 27, Race Relations Act 1976 2
England and Wales
Employment, Discrimination
Updated: 28 November 2021; Ref: scu.520031
