PC Webb investigates a workplace complaint. Hunt complains that after he gave a witness statement supporting a colleague's sex discrimination claim, his manager Ford removed him from a prestigious project and gave him less favourable assignments. Ford says Hunt was removed because his performance had declined. Which of the following most accurately states the legal position?
- AFord commits victimisation under s.27 EA 2010 if Hunt was subjected to a detriment because he did a protected act - giving a witness statement supporting a colleague's discrimination claim is a protected act regardless of Hunt's own protected characteristics.
- BFord commits no victimisation under s.27 EA 2010 because Hunt is not a member of the protected group that was discriminated against - a man cannot bring a victimisation claim in connection with a female colleague's sex discrimination case.
- CFord commits victimisation under s.27 EA 2010 only if Hunt can prove the witness statement was the sole reason for his treatment - if any other reason contributed, victimisation is not made out.
- DFord commits no victimisation under s.27 EA 2010 because Hunt gave his statement voluntarily - compelled testimony is a protected act but voluntary statements require a more serious detriment.
Show answer and explanation
Section 27 EA 2010 makes it unlawful to subject a person to a detriment because they have done a protected act. Protected acts include giving evidence or information in connection with proceedings under the Act and doing any other thing for the purposes of or in connection with the Act. Giving a witness statement supporting a colleague's discrimination claim is a protected act. Victimisation protection extends to any person who does a protected act - it does not matter that Hunt is not a member of the protected group in the underlying claim. Ford's stated reason raises a causation question but does not change the framework.
- B: Victimisation protection under s.27 is not limited to members of the protected group in the underlying claim. Any person who does a protected act is protected - a man who supports a female colleague's sex discrimination claim is fully covered.
- C: The detriment does not need to be the sole reason for the treatment. The protected act must be a reason for the detriment - a mixed-motive situation where the protected act played a part can still constitute victimisation.
- D: There is no distinction between voluntary and compelled testimony under s.27. Giving a voluntary witness statement in discrimination proceedings is expressly a protected act. No elevated detriment threshold applies.