UK: employees protected against victimisation, despite ulterior motive for alleging discrimination, if acted honestly

The EAT in Saad v Southampton University Hospitals NHS Trust has held that an employee was able to claim victimisation where subjected to detriment for alleging discrimination even though the allegation was made for an ulterior motive (to deflect criticism of his performance). The requirement for the allegation to be made “in good faith” simply means that the employee must have acted honestly, ie subjectively believed in what they said (even if the allegation is later found to be false).

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Filed under Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

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