European Employment Law Cases

Case Reports

2019/2 Test of ‘good faith’ in victimisation claims is employee’s honesty, not motivation (UK)

Keywords Discrimination, General
Authors Soyoung Lee
Author's information

344912 Soyoung Lee
Soyoung Lee is an Associate at Lewis Silkin LLP.
  • Abstract

      The Employment Appeal Tribunal (EAT) has clarified the grounds on which bad faith can be alleged in a victimisation claim under the Equality Act 2010 (‘EqA’). The EAT held that although motive in alleging victimisation could be relevant, the primary question is whether the employee acted honestly in giving the evidence or information, or in making the allegation. The concept of ‘bad faith’ is thus different in victimisation claims than whistleblowing claims.

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