Defining Victimisation [15-01-2008]

Those conducting investigations are reminded by this case that whether a particular act can be said to amount to victimisation must be judged primarily from the point of view of the alleged victim, whether or not they suffered any “detriment,” rather than from the point of view of the alleged discriminator.

This case also warns against sending out letters suggesting that employees may suffer a detriment by continuing an equal pay claim.

Case (2007) IRLR 540 HL St Helens Metropolitan Borough Council v Derbyshire – Victimisation. As reported in Equal Opportunities review January 2008 issue 172.

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