Employee Making Persistent Allegations Of Race Discrimination Was Victimised

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...