The EAT has held that the dismissal of an employee following multiple false claims of discrimination made in grievances did not amount to victimisation. The reasons for the dismissal were entirely separate from the fact that the claimant had alleged discrimination.

Although the claimant was found to have a mental disability, and the employer was consequently under a duty to make reasonable adjustments to accommodate her, this did not extend to an obligation to continue her employment.

The Equality Act 2010 provides that it is unlawful victimisation for an employer to dismiss an employee or treat them less favourably as a result of a protected act. Alleging unlawful discrimination is a protected act for this purpose. However, in this case, the EAT held that the features of the complaints that had prompted the dismissal, such as the serious nature of the numerous allegations, were "properly and genuinely separable from the making of the complaint itself". Furthermore, where an act is made in bad faith, without any genuine belief in its truthfulness, it does not receive protected status.

Martin v Devonshires Solicitors