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Fosh v Cardiff University - Protected act must be reason for treatment for victimisation claim to succeed - EAT

Professor Fosh was a senior member of the University. She not only appeared as a witness for, but also acted as representative for, a colleague, Dr Chan, in his race discrimination claim against the University. She refused the University's request that she stop acting as representative.

She was subsequently dismissed for misconduct. One of the matters relied on was the conflict of interest created by her choosing to represent Dr Chan. Professor Fosh claimed that she had suffered victimisation, but an employment tribunal dismissed her claim. She appealed.

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