Baker v Peninsula Business Service Ltd

Employment – Victimisation. The Employment Appeal Tribunal held that the employment tribunal (the tribunal) had erred in law in holding that the employer had subjected the employee to harassment related to disability and had victimised him. The EAT held that the tort of harassment protected a person who had shown that he was a disabled person, within the meaning of s 6 of the Equality Act 2010 and that the employee had not shown that he was disabled or that he fell into another recognised category. Further, among other things, the tribunal had misinterpreted s 109 of the Act and had not applied the right test to the employee's victimisation claim.

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