Derbyshire & Others v St Helens Borough Council

The House of Lords has today handed down a unanimous ruling that where an employer pressures an employee complaining of discrimination to settle or abandon her claim this can constitute victimisation, even where the pressure is indirect. An employer is entitled to take steps to protect its own interests but must avoid doing anything that might make a reasonable employee feel she is being unduly pressured to concede her claim. Whether the borderline has been crossed is a question of fact for the Tribunal.

This important decision gives greater guidance on the purpose and scope of the law on victimisation. Five of the six counsel representing the parties in the House of Lords are from Old Square Chambers: John Hendy QC and Damian Brown for the Claimants, Tess Gill and Nadia Motraghi for the Interveners and Simon Gorton, junior counsel for the Respondent.

For a full copy of the judgment click here.

Wednesday, April 25, 2007
 
 
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