Under the Equality Act 2010, it is unlawful for an employer to dismiss an employee or subject him to a detriment because he has done or may do a "protected act" (Section 27). A "protected act" includes making allegations of discrimination or bringing Employment Tribunal proceedings for discrimination.
The recent case of Woodhouse v West North West Homes Leeds Ltd concerned an employee who had made at least nine grievances and nine Employment Tribunal claims over a number of years. Initially, Mr Woodhouse had complained of race discrimination by one of his colleagues. He then submitted a series of grievances, appeals and claims in relation to the handling and outcomes of his complaints, some involving allegations of discrimination. The company eventually dismissed Mr Woodhouse, claiming that the repeated grievances and Tribunal claims had led to a breakdown in their working relationship. Mr Woodhouse claimed that he had been unfairly dismissed and that his dismissal amounted to victimisation.
The Employment Tribunal upheld Mr Woodhouse's claim for unfair dismissal but rejected his claims of discrimination and victimisation. It considered that although his first grievances had some substance, subsequent grievances were unfounded. The reason for dismissal was the breakdown in the working relationship, not the allegations of race discrimination. However, it was unfair because Mr Woodhouse had not been warned that if he continued to raise grievances, he might be dismissed.
In a disappointing decision for employers, the EAT has now overturned the Tribunal's ruling. The EAT held that Mr Woodhouse was dismissed because he had raised a number of complaints and claims about race discrimination. Although most of his allegations were false, there was no evidence that they had not been made in good faith. Since these complaints were protected acts, his dismissal amounted to victimisation.
This case illustrates how difficult it is to deal with an employee who is making repeated allegations of discrimination. Unless the employee is acting in bad faith, less favourable treatment could amount to victimisation even if the allegations are untrue.
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