Renfrewshire Council

Case Summary

This is an Employment Appeal Tribunal decision in a victimisation claim under the Equality Act 2010. The claimant, employed by Renfrewshire Council, assisted a disabled client with moving accommodation as a favour, which he claimed was a protected act. After a complaint was made regarding the support provided, the claimant was moved to alternative duties. The EAT held that while the ET erred in its analysis of whether a protected act occurred, the ET did not err on causation, as the detriment resulted from the complaint itself rather than the protected act. The appeal was refused on the basis that both the protected act and causation issues were inextricably linked and both were required to succeed.

Although the ET erred in its approach to identifying the protected act by failing to engage adequately with whether the claimant's support was done for purposes of or in connection with the Equality Act 2010, the ET did not err on the critical issue of causation. The ET correctly found that the detriment (moving the claimant to alternative duties) was caused by the complaint made against the claimant and the respondent's decision to avoid contact between the claimant and the client, rather than by the protected act itself. Since both grounds of appeal (protected act and causation) were inextricably linked and both were required to succeed, the error on the first ground did not lead to a successful appeal.

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• •Whether the claimant's actions in assisting a disabled client constituted a protected act under s27 Equality Act 2010
• •Whether the claimant's transfer to alternative duties was causally linked to any protected act or was caused by the complaint made against the claimant
• •Application of correct legal test for causation in victimisation claims
• •Whether provision of support was done for purposes of or in connection with the Equality Act 2010

The full source document is available from the official publication page.