GFTU Emplaw Emplaw Emplaw

PASAB Ltd (t/a Jhoots Pharmacy) v Woods - Victimisation and "the reason why" [2012] EAT

Victimisation - the reason why an alleged discriminator acted as they did is a question of subjective fact: a tribunal cannot impute a different reason onto that person based on its own objective assessment of the situation.

Muslim Mrs Woods worked for JHoots Pharmacy (JP), and complained about being required to take time out of her lunch break for prayers and being asked to work during Muslim festivals. JP's owners and her fellow pharmacists were all Sikh. Matters came to a head when her colleague Mr Parmar spoke to her about time-keeping: Mrs Woods allegedly described JP as "a little Sikh club". When Mrs JHooty (owner's wife and HR manager) heard she called Mrs Woods to a meeting and dismissed her, ostensibly on the grounds of poor time-keeping and failure to follow the company’s absence reporting procedure. She could find no evidence of discrimination against Mrs Woods, who denied making the comments.

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Login or subscribe (includes subscription information) to access the full content of this page.