VICTIMISATION DISCRIMINATION – Other forms of victimisation
The Tribunal’s approach to and reasons for its Judgment in relation to the Claimant’s complaint of victimisation dismissal and some of the evidence were unclear. Overall, and on the particular facts of the case, the lack of findings about the dismissing officers’ knowledge or belief of the protected acts having been done, and other concerns in the findings and reasoning for its conclusions, the victimisation complaint only is remitted to a freshly constituted Tribunal for re-hearing, for the Tribunal to consider whether the Claimant’s dismissal was because of victimisation contrary to sections 27 and 39 Equality Act 2010.
There is no challenge to the Tribunal’s clearly reasoned and impeccable decision that the Claimant was not subjected to unlawful direct race discrimination.
Citations:
[2018] UKEAT 0050 – 18 – 1608
Links:
Jurisdiction:
England and Wales
Employment
Updated: 30 June 2022; Ref: scu.630723