The Employment Appeal Tribunal (“EAT”) has ruled in Durrani v London Borough of Ealing that a non-specific complaint of 'discrimination' (meaning unfair treatment, but not linked to a protected characteristic such as race, sex, age and disability) is not a protected act for victimisation purposes.
Less than two weeks before his dismissal on purported grounds of redundancy, the Claimant submitted a grievance complaining of bullying and harassment and mentioning 'discrimination', which was later clarified as discrimination in the sense of being used as a scapegoat but not on grounds of race.
Paul Burton, Employment Solicitor, says "The Claimant brought several unsuccessful claims in the Employment Tribunal, which included complaints of harassment, victimisation and discrimination."
The EAT upheld the employment tribunal's decision to strike out the victimisation (and other) claims. It held there could be no protected act, and thus no victimisation claim, because the Claimant had never asserted the unfair treatment he believed he had received was on grounds of his race. That simple point was fatal to the victimisation claim.
Get in touch if you need more information on this topic. You should find the other articles in May's employment newsletter of interest.
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