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EAT doubts Nagarajan

This report relates to 1 case(s)

In Higgins v Home Counties Newspaper Holdings plc the EAT has suggested that the leading victimisation decision, Nagarajan v London Regional Transport DCLD35D, was wrongly decided.

In Nagarajan, the Court of Appeal ruled that in order for there to be unlawful victimisation, the discriminator must have been consciously motivated to treat the employee unfavourably because of the protected act.