Victimisation Claims: Wider Context Matters – What Employers Can Learn from Kokomane v Boots Management Services Ltd

Victimisation claims are a common but often misunderstood aspect of discrimination law. A recent Employment Appeal Tribunal (EAT) decision in Kokomane v Boots Management Services highlights a key point for employers: when assessing whether a ‘protected act’ has occurred, tribunals must consider the wider context—not just the wording of the grievance.

The practical effect? The threshold for what qualifies as a protected act may not be as high as you might expect.

Background to the Claim

The Claimant brought a victimisation claim based on two internal grievances:

• The first grievance alleged she had been treated differently than colleagues after an allegation of shouting.
• The second grievance followed up on the first, complaining it hadn’t been properly addressed and also referenced bullying.

Neither grievance explicitly said the treatment was due to her race. However, she was the only black employee in her team, and during grievance discussions, the issue of negative stereotypes about black women and shouting was raised.

The EAT’s Decision

The EAT confirmed that a ‘protected act’ does not need to include an explicit allegation of discrimination. What matters is whether the facts could amount to discrimination in law—and critically, what the employer would have reasonably understood from the complaint, taking into account the surrounding context.

That context in this case included:

• The content of the grievance letter (alleging differential treatment),
• The fact the Claimant was the only black employee,
• The discussion at the grievance meeting where cultural stereotypes were raised.

The EAT confirmed that these contextual factors could support the conclusion that a protected act had occurred, even without an explicit reference to race.

Key Takeaway for Employers

Be aware that an employee’s complaint can still be a protected act under the Equality Act 2010, even if they don’t use the word “discrimination” or refer directly to a protected characteristic.

When handling internal complaints, employers should:

• Consider the full context—who is involved, what was said, and any relevant history. Take into account factors which are known to them, but may not be expressly stated in the grievance.
• Avoid taking a narrow or technical view of grievance content.
• Ensure line managers and HR teams are trained to recognise when complaints might engage discrimination protections, even if the language used is indirect.

Understanding the broader picture and thoroughly documenting how complaints are handled can help reduce the risk of claims and show that you take concerns seriously. If you’d like support with training or advice on these issues, please don’t hesitate to get in touch.