An employee pursuing a claim of racial discrimination against his employers requested time off to see his adviser on the claim. The company refused, he took the time off, and was later dismissed. Since the company normally allowed on short notice short periods of absence for domestic reasons, to refuse because he was pursuing a claim was victimisation, and the dismissal was unfair. The correct comparator group was not determined by looking at the reason behind the request, but at the nature of what was requested.
Citations:
Times 18-Apr-2000, Gazette 18-May-2000, [2001] ICR 182
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Chief Constable of West Yorkshire Police v Khan HL 11-Oct-2001
The claimant was a police sergeant. After many years he had not been promoted. He began proceedings for race discrimination. Whilst those were in course, he applied for a post elsewhere. That force wrote to his own requesting a reference. In the . .
Lists of cited by and citing cases may be incomplete.
Discrimination, Employment
Updated: 11 May 2022; Ref: scu.89906