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A recent Employment Tribunal case (Bouabdillah v Commerzbank AG ET/2203106/12) provides a useful example of discrimination by victimisation under the Equality Act 2010.
Ms Bouabdillah had brought claims for sex discrimination and equal pay against a former employer (Deutsche Bank), which she did not disclose during the recruitment process with her subsequent employer, Commerzbank. When the claims came to light by virtue of newspaper coverage of the case, Commerzbank discussed its reaction with Ms Bouabdillah, alleging that her failure to disclose the claims to them during the recruitment process, despite sufficient opportunities to do so, amounted to a breach of trust. They dismissed Ms Boubbdillah.
The Tribunal found that Commerzbank's response was in fact as a reaction to her bringing claims for discrimination against her previous employer and that this amounted to victimisation against her.
Under the Equality Act 2010, victimisation occurs where an individual is subjected to a detriment as a result of bringing proceedings under the Act.
Pam Loch, Managing Partner of niche employment law practice, Loch Associates Employment Lawyers and Managing Director of HR Advise Me Limited.
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