Sex and the City: victimisation claims
A City employee has recently succeeded in a victimisation claim following dismissal by her employer, Commerzbank AG, for bringing a sex discrimination claim against her previous employer, Deutsche Bank (DB). The Employment Tribunal in this case, Bouabdillah v Commerzbank AG, was not impressed by Commerzbank’s argument that the dismissal was due to her not mentioning the claim against DB in her job application, rather than due to her having brought the discrimination claim against DB.
Under the Equality Act 2010 (the Equality Act), victimisation occurs where one person subjects another person to a detriment because she has brought or is believed to have brought proceedings under the Equality Act. This would include bringing a discrimination claim against her employer or against her previous employer.
Bouabdillah had brought a sex discrimination and equal pay claim against her then employer, DB, in May and December 2011. She resigned in November 2011 and in March 2012, Commerzbank hired her as a director as head of project engineering. When asked for her reasons for leaving DB, she said that she wanted to work in a smaller team, had lost trust in the management and had not been remunerated fairly. She did not mention, however, that she had brought a claim against DB. In an application form to assess her fitness and propriety for FSA purposes she was asked whether she had ever ‘been the subject of any civil proceedings… in the United Kingdom or elsewhere?’ She replied simply: ‘No.’…
If you are registered and logged in to the site, click on the link below to read the rest of the Winckworth Sherwood briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Winckworth Sherwood
News from The Lawyer
Briefings from Winckworth Sherwood
A registration scheme for alcohol wholesalers, which comes into effect in January 2016, will also affect businesses purchasing from wholesalers.
Under the Housing Grants, Construction and Regeneration Act 1996, a party to a construction contract is entitled to payment by instalments.