Tuesday, May 28, 2013

YOU SAY POTATO, I SAY DISCRIMINATION

Durrani v London Borough of Ealing

Discrimination can mean different things. To a HR professional, or a lawyer, it normally means less favourable treatment on grounds of a protected characteristic. To an employee, it can be a catch-all phrase covering any kind of treatment they think is unfair. "You're discriminating against me", from a disaffected employee, might be a formal allegation of discrimination - but it might not be.

So when an employee sent in 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), this was not regarded by the Employment Appeal Tribunal as a proper allegation of discrimination within the equality laws. Therefore it could not form the basis of a victimisation claim when he was dismissed two weeks later.

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