Mrs M Itulu v London Fire Commissioner — 2020

The claimant brought a victimisation claim under s.27 Equality Act 2010 after the respondent wrote to her on 28 February 2020, in the context of earlier equal pay proceedings, providing pay documents and inviting her to withdraw that aspect of her claim because the male comparator was paid less than she was. The respondent also said it would seek a deposit order if the equal pay complaint was not withdrawn.

The Tribunal held that the relevant history was straightforward and not heavily fact sensitive. It found that the respondent had been complying with an unless order requiring clarification of its position on the equal pay complaint, and that it was open to the respondent to point out the pay information and invite withdrawal of that part of the claim. The Tribunal found the email was not a threat, was not oppressive, offensive or intimidatory, and did not amount to a detriment.

The Tribunal further found that judicial proceedings immunity applied. In the alternative, it held that the alleged act was unconnected with any protected act and that there was no nexus between the claimant's employment or its termination and the email so as to engage s.108 Equality Act 2010. Taking the claimant's case at its highest, the Tribunal concluded the victimisation claim had no reasonable prospects of success and that it was just to strike it out.