Olubodun v Total Stay Group Ltd - Acting on legal advice could justify actions alleged to be victimisation [2009] EAT

Where an employer seeks to defend a victimisation claim by justifying its actions as being based on legal advice, it is not obliged to disclose the full legal advice in order to succeed. 

Black African Ms Olubodun worked for 10 weeks as a Credit Control manager for Total, an on-line hotel reservation service. She was summarily dismissed due to an inability to do her job. Total advised her that she was entitled to two weeks' notice which she did not have to work, and Ms Olubodun issued a grievance, alleging race discrimination. Total rejected that grievance, and furthermore refused to pay her notice monies since it considered that having raised a grievance these would now be determined by an Employment Tribunal. Even so, in due course it paid her 4 day's salary. 

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