(b) One-off and serial incidents and the victim’s response

2013

A person’s rejection of, or submission to, such conduct may not be used as a basis for a decision affecting that person. The anomaly here is that the same rider is not included in the Race or Equal Treatment in Employment Directives and nor, of course, in the ensuing regulations and amendments. Consequently, Holland’s J statement in Driskel may be good law in all grounds save sex, which is not due for the new definition until October 2005.

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