In Pasab Ltd t/a Jhoots Pharmacy and another v Woods the EAT ruled that where a tribunal found that a white Irish Muslim employee was actually dismissed for making a comment that her employer’s business was “a little Sikh club”, then she was not victimised for carrying out a protected act under the Employment Equality (Religion or Belief) Regulations 2003. The dismissal was because of the offensive racist comment and that was the real reason for the treatment she received, not the protected act of alleging religious discrimination. The two issues were distinctly separable.
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