0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

Post termination victimisation

7 March 2013

Rowstock Ltd v Jessemey is the most recent case in a line of authorities to consider the Equality Act and claims of post termination victimisation.

Following a Tribunal claim for unfair dismissal and age discrimination, the claimant’s employer provided him with an unfavourable reference. Unsurprisingly he sought to bring a claim for victimisation. Both the Tribunal and the Employment Appeal Tribunal (EAT) agreed with the respondent that s.108(7) Equality Act 2010 specifically excludes a claim of victimisation in circumstances where the employment relationship has ended and therefore the claim must fail. This is not compatible with the Equal Treatment Directive but the EAT felt it was outside their remit to construe the subsection in a manner that was directly opposite to that which had been expressed in the Act.

Permission to appeal has been granted but it is likely that an amendment to the Equality Act will be required to rectify this anomaly.

Related opinions

Flexible working and leave for carers

The Government has launched a consultation today on potential changes to the statutory flexible working regime.

View blog

Importance of considering flexible working applications

An employment tribunal has awarded an employee almost £185,000 for indirect discrimination following a failure to adequately consider the employee’s flexible working request.

View blog

Potential care home vaccination challenge

Time is rapidly running out for those who will fall within the mandatory vaccination requirements applying to care homes from 11 November 2021 and who remain unvaccinated from Covid-19.

View blog

Right to Work checks after 30 June 2021 for EU staff employed before 30 June 2021

The deadline for applying to the EU Settlement Scheme (EUSS) passed on 30 June 2021. The Home Office recently updated their Right to Work employer’s guide to clarify how Right To Work (RTW) checks need to be carried out from 1 July 2021 for EU and EEA citizens who were employed on or before 30 June 2021.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up