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Elegbede v Nexen Petroleum UK Ltd - Allegation made in bad faith cannot be "protected act" and so provides basis for victimisation claim [2010] EAT

Where an employee has done a protected act (complaining of race discrimination) and has suffered less favourable treatment than a comparator who has not done so, a victimisation claim will nonetheless fail if the Tribunal finds that the allegation on which the complaint was based was false and made in bad faith.

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