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Treating vulnerable people badly was not discrimination
In Taiwo v Olaigbe, the EAT has upheld a Tribunal decision that the Claimant, who is Nigerian and was engaged as a domestic with the Respondent, had been treated appallingly badly, but not on the grounds of direct or indirect race discrimination. This was found to be the case, even though the Tribunal had found that the cause of the treatment was strongly associated with her vulnerability caused by lack of English and dependence on her employers to remain in the UK. Other factors which caused her vulnerability, such as low socio-economic status and the imbalance of power between the employer and the employee, meant that the factual cause of the unfavourable treatment was not inevitably linked to her immigration status.
The Claimant is currently seeking permission to appeal this decision.
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.
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