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CELE SQE1 模拟练习

Examination Timing: 00H00M35S

Samantha, a paralegal, has been employed for 18 months at a law firm. She appeared as a witness in a colleague’s successful claim under the Equality Act 2010 (‘the Act’) against the firm at the Employment Tribunal. Both Samantha and her colleague continue to work for the firm after the claim concluded. A few months later, the firm pays a discretionary bonus to staff to thank them for their hard work that financial year. Samantha and her colleague do not receive a bonus, unlike all other staff. They are the only employees to have been involved in Employment Tribunal proceedings against the firm. Samantha raises the matter with her line manager but with no success, leaving her feeling humiliated. Samantha seeks advice on whether she can bring a claim under the Act for the failure to pay her the discretionary bonus. 


Is the firm likely to be in breach of its duties under the Act by not paying Samantha the discretionary bonus?

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Under the Equality Act 2010, victimisation occurs when an employee is treated unfairly because they have made or supported a complaint under the Act. Samantha's involvement as a witness in her colleague's claim is protected activity, and the subsequent denial of the discretionary bonus could be seen as retaliatory and amount to victimisation. The fact that she and her colleague are the only employees excluded from the bonus after participating in Employment Tribunal proceedings strongly suggests a link between their involvement and the unfair treatment. Thus, the firm is likely in breach of its duties under the Act for not paying Samantha the discretionary bonus. 


Key Point: This question focuses on the concept of victimisation under the Equality Act 2010. Understanding the protections offered to employees who make or support claims of discrimination is crucial for ensuring fair treatment in the workplace and preventing retaliatory actions by employers.

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