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Case of the week: Pressurising claimants amounts to victimisation

This report relates to 1 case(s)

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    St Helens Metropolitan Borough Council v Derbyshire and others [2007] IRLR 540 HL (4 other reports)

    • Disability case law update

      Date:
      29 May 2008

      This article looks at recent key disability discrimination judgments, and their implications for employers. Issues considered include discrimination by association, whether or not a failure to consult over reasonable adjustments or to conduct an assessment is, in itself, a breach of the disability discrimination legislation, and the definition of disability.

    • Victimisation: Employer went beyond what was reasonable

      Date:
      11 July 2007

      In St Helens Metropolitan Borough Council v Derbyshire and others [2007] IRLR 504 HL, the House of Lords held that an employer that wrote to a number of equal pay litigants and their colleagues warning of potential job losses if they continued with their claims victimised them contrary to the Sex Discrimination Act 1975.

    • Victimisation is subjective

      Date:
      1 June 2007

      The House of Lords has established, in St Helens Borough Council v Derbyshire and others (25 April 2007), that when determining whether an employer's conduct amounts to victimisation, it must be considered from the alleged victim's perspective.

    • St Helens Borough Council v Derbyshire and others

      Date:
      27 April 2007

      In St Helens Borough Council v Derbyshire and others [2007] UKHL 16 HL, the House of Lords has held that a council victimised school catering staff bringing equal pay claims by sending letters to them stating that continuing to pursue their claims could lead to redundancies.

This week's case of the week, provided by Dundas & Wilson, covers victimisation for making an equal pay claim.

Background

In St Helens Borough Council v Derbyshire and others, the court held that letters sent by the council to equal pay claimants, indirectly pressurising them to accept a settlement, amounted to victimisation.