Saad v Southampton University Hospitals NHS Trust [2018] UKEAT 0276_17_2208 (22 August 2018)

Saad v Southampton University Hospitals NHS Trust [2018] UKEAT 0276_17_2208 (22 August 2018)

The Employment Tribunal erred in law by reading across its findings on the absence of good faith in the protected disclosure context to the bad faith requirement under section 27(3) Equality Act 2010. The correct test for bad faith is whether the claimant acted dishonestly in making the allegation. The ET found the...

Source-derived case information.

Citation
[2018] UKEAT 0276_17_2208
Parties
Appellant: Claimant (Appellant); Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
22 August 2018
Procedural Posture
Employment Appeal Tribunal / Appeal Against Employment Tribunal's Dismissal of Victimisation Claim
Outcome
Appeal allowed
Legal Topics
Victimisation, Discrimination, Protected Disclosure, Bad Faith, Equality Act 2010, Employment Rights Act 1996
Employment Law Equality Law Victimisation Discrimination Protected Disclosure Bad Faith Equality Act 2010 Employment Rights Act 1996

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Claimant (Appellant)

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Employment Tribunal's Dismissal of Victimisation Claim

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by applying the 'good faith' test from protected disclosure claims to the 'bad faith' requirement under section 27(3) Equality Act 2010 for victimisation claims
  2. 2 Whether the claimant's subjective belief in the truth of his allegation precludes a finding of bad faith under section 27(3) EqA

Ratio Decidendi

The Employment Tribunal erred in law by reading across its findings on the absence of good faith in the protected disclosure context to the bad faith requirement under section 27(3) Equality Act 2010. The correct test for bad faith is whether the claimant acted dishonestly in making the allegation. The ET found the claimant subjectively believed the allegation to be true, which precludes a finding of bad faith. Therefore, the victimisation claim should have succeeded.

Court Disposition

Appeal allowed

Orders

  • Set aside the dismissal of the claimant's victimisation complaint
  • Substitute a finding that the victimisation claim is made out as regards the refusal to permit the claimant to return to work