SQE1 sample questions

Question 59

A paralegal has been employed for 18 months at a law firm. She appeared as a witness in a colleague’s successful claim under the Equality Act 2010 (‘the Act’) against the firm at the Employment Tribunal. The paralegal and the colleague continue to work for the firm after the claim concluded.

A few months later, the firm pays a discretionary bonus to staff in their salary to thank them for their hard work that financial year. The paralegal and the colleague do not receive a bonus unlike all other staff. They are the only employees to have been involved in Employment Tribunal proceedings against the firm. The paralegal raises the matter with her line manager but with no success, which leaves her feeling humiliated.

The paralegal seeks advice on whether she can bring a claim under the Act for the failure to pay her the discretionary bonus.

Is the firm likely to be in breach of its duties under the Act by not paying the paralegal the discretionary bonus?

A. No, as the bonus is at the firm’s discretion only and not a contractual term.

B. Yes, there is a likely claim of direct discrimination.

C. Yes, there is a likely claim of victimisation.

D. Yes, there is a likely claim of harassment.

E. No, as the paralegal has not worked at the firm for two years.