Victimisation

Case 4: The facts

In an attempt to get a number of catering staff to settle their equal pay claims, a local council wrote to all catering staff saying that the claims would cause job losses and increase the cost of school meals.

The Employment Appeal Tribunal held that the council's actions amounted to victimisation, because they would inevitably lead the claimants to be criticised by their colleagues (see Workplace Report, November 2004).

The ruling

The Court of Appeal ruled, by a majority, that the council's actions were not victimisation. In an "adversarial relationship", it said, an employer has a degree of latitude in treating an employee in a way that might otherwise amount to discrimination. It held that the council had acted solely to protect itself in the legal proceedings, and had been entitled to do so.

St Helens MBC v Derbyshire and others EWCA [2005] Civ 977