Mr D Panton, Solicitor For the v Respondent — 2024

The claimant brought a victimisation claim under section 27 of the Equality Act 2010, relying on communications including grievances and emails as protected acts. The respondent accepted several of those communications as protected acts, and the tribunal considered alleged detriments concerning grievance outcomes, delay, and non-disclosure of witness statements.

The tribunal found that the respondent's decisions on the grievance and re-heard grievance were based on the evidence available from its investigation, including witness evidence and denials of the alleged comments. It found the approach to the further grievance and the decision not to disclose witness statements were reasonable in the circumstances described, including the respondent's policy and lack of witness consent.

The tribunal concluded that the claimant had not established facts from which it could conclude that the respondent had victimised her, so the burden of proof did not shift. It also stated that the respondent's conduct in relation to each detriment was in no sense because the claimant had made a protected act.