Victimisation as defined under section 27 of the Equality Act 2010

[heisenberg]

Hi all,

I am considering pursuing a victimisation claim. Essentially, I served a letter before claim alleging contraventions of the Equality Act 2010 on a party (which, for the avoidance of doubt, are not a firm of solicitors) by way of e-mail.

The party in question then demanded I service my letter before claim in the post, thus subjecting me a detriment, particularly as I suffer from debilitating health problems.

I understand there is no need to prove any motivation or intent on the part of the alleged victimiser in order to establish liability. A person can apply a detriment to another without deliberately, intentionally and/or maliciously doing so. Indeed, the perpetrator could be totally unaware that the reason he/she subjected the person to the detriment is because of their protected act. (See Nagarajan v London Regional Transport).

Is there a cause for action here?

Sincere thanks for any input.

[heisenberg]

Anyone?

[heisenberg]

I am not sure whether there is a "honest and reasonable" defence (St Helens Metropolitan Borough Council v Derbyshire), though, on the face of it, there doesn't seem to be. I understand there is also a distinction, made in Cornelius v University College of Swansea [1987] IRLR 141, at 145-146, CA, between a reaction to the bringing of proceedings (unlawful) and their existence (lawful).

[heisenberg]

The response I've now received from the other side now purports in respect to the service of the letter before claim that "such requirements are set out in law and have not been imposed".

It is certainly curious how they have reached this view. I have raised a discussion about this before:

https://legalbeagles.info/forums/for...-before-action

The Practice direction states:

"A pre-action protocol or this Practice Direction must not be used by a party as a tactical device to secure an unfair advantage over another party. Only reasonable and proportionate steps should be taken by the parties to identify, narrow and resolve the legal, factual or expert issues."

It further states:

"(a) the claimant writing to the defendant with concise details of the claim. The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated;"

I have written to the other side by way of e-mail and attached a letter.

Am I missing something?