St Helen's BC v Derbyshire

St Helen's Borough Council v Derbyshire [2007] UKHL 16 is a UK labour law case concerning victimisation, which now falls under section 27 of the Equality Act 2010.

The council had sent two letters, one of which said that if they pursued the claim it could threaten school dinners and lead to redundancies in the workforce.

Employment Tribunal held that this was victimisation because the letter ‘amounted to an attempt to induce the acquiescence of individuals despite the view of their union’.

Lord Neuberger[1] said Chief Constable of West Yorkshire v Khan[2] was correct, but its juridical analysis and its subsequent interpretation were not entirely satisfactory.

He gave the example of a ‘measured and accurate’ letter from a solicitor setting out financial consequences if a claim succeeds or fails not being able to constitute detriment.