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ARTICLE · 03 MARCH 2021

Discrimination: Worker's Complaint About Discrimination Did Not Engage Protection From Victimisation

In Chalmers v Airpoint Ltd & Ors the Scottish EAT had to decide whether an articulate HR professional was protected from victimisation after she had made a vague allegation of discrimination in an...

United KingdomEmployment and HR

In Chalmers v Airpoint Ltd & Ors the Scottish EAT had to decide whether an articulate HR professional was protected from victimisation after she had made a vague allegation of discrimination in an email to her manager.

What does the law say?

Workers are protected from retaliatory action – known as victimisation – by their employer or colleagues because they have committed a "protected act", or it is believed that they have done so or may do so.  The following are "protected acts":

  • bringing a claim under the Equality Act 2010 (the Act);
  • giving evidence or information in connection with such a claim, regardless of who brought it;
  • doing any other thing for the purposes of, of in connection with, the Act; and/or

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