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Sex discrimination: Protection against victimisation may extend to "mere" representatives

This report relates to 1 case(s)

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    Vogler v British Dental Association [2001] All ER (D) 398 (Mar) EAT (0 other reports)

In Vogler v British Dental Association 2.2.01 EAT 1307/99, the EAT upholds an employment tribunal's decision that the British Dental Association did not on the facts victimise one of its own employees, who acted merely as the representative of an employee of an NHS trust who was experiencing problems with the trust, for alleging that the trust had committed an act of unlawful sex discrimination against that other employee. In principle, however, such a representative's case could come within s.4(1)(d) of the Sex Discrimination Act 1975, although this would raise difficult issues of causation between the protected act and the less favourable treatment alleged to have been generated by it.