In University of Exeter v Dr Annette Plaut, the Employment Appeal Tribunal (EAT) reviewed an Employment Tribunal’s (ET) decision in a case about unfair dismissal, harassment and victimisation. Dr Plaut’s believed the conduct was related to her sex and/or her Jewish race.
Dr Plaut was dismissed after more than 30 years of service and brought these claims in relation to her dismissal and some events before it.
The EAT agreed with the ET that Dr Plaut had been unfairly dismissed, finding the University’s decision had not been reasonable – see paragraphs 27 to 43 of the Judgment for this explanation.
The EAT, however, disagreed with the ET’s decisions regarding Dr Plaut’s claims of harassment and victimisation and, together with directing that one of the victimisation claims be considered afresh by a different employment tribunal, it provided the following helpful guidance on identifying the basis for such claims (my emphasis added):
- Harassment is provided for by section 26 Equality Act 2010 (“EQA”) …
- To analyse a complaint of harassment it is important to adopt a structured approach, such as:
- 18.1. Did A engage in unwanted conduct?
- 18.2. Was it related to a relevant protected characteristic?
- 18.3. Did it have the purpose of violating B’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for B? If so harassment is made out.
- 18.4. If the conduct did not have that purpose but did that that effect the Employment Tribunal must take into account the perception of B, the other circumstances of the case and whether it is reasonable for the conduct to have that effect in deciding whether the claim of harassment is made out.
19. Victimisation is provided for by section 27 EQA…
20. A structured approach should also be taken to a claim of victimisation, such as asking:
- 20.1. Has B done a protected act (falling within section 27(2) EQA) or does A believe B has done, or may do, a protected act?
- 20.2. If so, did A subject B to a detriment because B had done the protected act (or A believed B has done, or may do, a protected act)?
To recap, the protected characteristics protected by the Equality Act 2010 are: age, disability, gender reassignment, marriage or civil partnership (in employment only), pregnancy and maternity, race, religion or belief and sex.
A protected act is something done in connection with a protected characteristic, such as raising a complaint or helping someone else to raise a complaint.
You can follow the embedded links for more information about harassment and victimisation including details on how you can get support.
This blog was written by Ben Lindsay, Solicitor at didlaw.
