Summary
Summary Victimisation Notes - Equality Law
- Module
- Equality Law
- Institution
- University Of Portsmouth (UoP)
Notes on the legal concept of victimisation in terms of equality law in England and Wales - case notes, overview etc
[Show more]
Seller
Follow
Content preview
VictimisationTuesday, 19 October 2021 12:13
VICTIMISATION IS SIMILAR TO BEING IN CONTEMPT OF COURT - CANNOT INTERFERE WITH JUSTICE
Equality Act 2010, Section 27
- A person (A) victimises another person (B) if A subjects B to a detriment because
○ B does a protected act or
○ A believes that B has done or may do a protected act
Protected acts (s.27(2))
- Bringing proceedings under this Act
- Giving evidence or information in connection with proceedings under this Act
- Doing any other thing for the purposes of or in connection with this Act
- Making an allegation (whether or not express) that A or another person has contravened this
Act
○ "All that is required is that the allegation relied on should have asserted facts capable of
amounting in law to an act of discrimination…" - Waters v Commissioner of Police of the
Metropolis [1997] ICR 1073 (CA) 1097 (Waite LJ)
Section 27(3)
- Giving false evidence or information, or making a false allegation, is not a protected act if the
evidence or information is given, or the allegation is made, in bad faith
Where the allegation is false but not in bad faith - Martin v Devonshire Solicitors [2011] ICR 352 (EAT)
- A worker at the solicitors made repeated hostile allegations of discrimination against other
workers
- All of the allegations were false but they were not made in bad faith because the cause of the
allegations was the claimant's mental illness
- The claimant was eventually dismissed and sued for victimisation
- The EAT rejected her claim by saying that she wasn’t dismissed because of the protected act,
she was dismissed because of the manner that the allegations were made
'Subjects to a detriment'
- Shamoon v Chief Constable of the Royal Ulster Constabulary [2003] ICR 337 (HL) [35]
○ "Is the treatment of such a kind that a reasonable worker would or might take the view
that in all the circumstances it was to his detriment? An unjustified sense of grievance
cannot amount to 'detriment'… but … it is not necessary to demonstrate some physical
or economic consequence."
○ This illustrates that it does not just have to be physical or financial, it can be a detriment
to feelings
- Chief Constable of West Yorkshire v Khan [2001] UKHL 48 (HL)
○ Sergeant Khan, an employee of the police, brought a claim of racial discrimination
○ He applied for a job at another police force - they asked for a job reference
○ West Yorkshire Police refused to supply a reference - they did this because of legal
advice they had received
○ Because there was already a discrimination trial pending, supplying a reference could
influence a defence, so the reference would be withheld until after the trial - acted
'honestly and reasonably'
○ The reference would have been negative, so the question was whether the refusal to
supply that reference a detriment to Sergeant Khan - HOL said yes
○ EA 2010 s.119(4) - 'damages available for injury to feelings'
'Because'
- Aziz v Trinity Street Taxis [1989] QB 463
Equality Law Page 1
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller charlie01jones. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £5.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
72841 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now