10 June 2013 #Employment
In Woodhouse v West North West Homes Leeds Ltd  UKEAT 0007, the EAT upheld the appeal of an employee who had brought ten internal grievance claims alleging race discrimination and seven separate employment tribunal claims against his employer over a period of four years. The EAT held that the employee’s claims were protected acts as they had not been made in bad faith.
The employee’s claim for victimisation was originally dismissed by the Employment Tribunal on the grounds that the employer would have dismissed any employee who had brought baseless grievances and claims against them, irrespective of the employee’s race.
During a discussion between the employee and his line manager, the employee stated that he “had lost faith in the organisation, [and] that he was only staying in order to fight his cases”. Understandably, senior management considered the relationship of trust and confidence to have broken down.
This poses a difficult question for employers who are faced with an employee who genuinely believes in their multiple grievances and/or employment tribunal claims.