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Sex discrimination: No victimisation because employer not vicariously liable

This report relates to 1 case(s)

In Waters v Commissioner of Police of the Metropolis [1997] IRLR 589, the Court of Appeal holds that, in order to qualify for statutory protection against victimisation for having alleged a discriminatory act, the claimant must have asserted facts which are capable of amounting in law to an act of sex discrimination. On that basis, the industrial tribunal and the EAT had correctly rejected a police constable's complaint that she had been victimised by her employer contrary to the Sex Discrimination Act by being subjected to a detriment because she alleged that she had been sexually assaulted by a male colleague.