0370 270 6000

already registered?

Please sign in with your existing account details.

Sign in with LinkedIn

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

Register with LinkedIn

Forgotten your password?

Home arrow Insights & events arrow Resources arrow Blogs arrow Post-termination victimisation confirmed as unlawful

Post-termination victimisation confirmed as unlawful

28 February 2014

The Court of Appeal has held that post-termination victimisation is unlawful under the Equality Act 2010 in Jessemy v Rowstock Ltd. Mr Jessemy had brought tribunal proceedings including age discrimination. The employment tribunal found that Rowstock Ltd had provided a detrimental employment reference as a result of Mr Jessemy pursuing the tribunal proceedings but was unable to provide a remedy due to the wording of the Equality Act.

Strangely, s108(7) of the Act appeared to expressly exclude post-employment victimisation, despite such protection being required by EU law. The protection had already been established by case law and there was no indication that there was an intention to change that under the Equality Act.

The Court of Appeal held that the Act contains a drafting error; that the claim must succeed and remitted the case back to the tribunal to assess compensation.

Employers should be mindful of the risks when supplying references for employees who have issued discrimination proceedings against them.

Related opinions

Symptoms of menopause can constitute a disability

The Employment Appeal Tribunal (EAT) recently found that an employment tribunal was wrong to strike out a claim on grounds that menopausal symptoms did not amount to a disability under the Equality Act 2010 (Rooney v Leicester City Council).

View blog

Employment Appeal Tribunal rules no entitlement to pay for zero-hour worker during a period of suspension

In a recent case the Employment Appeal Tribunal determined that, as a zero-hour worker, the Claimant was not entitled to be paid whilst he was suspended pending an investigation into an allegation of misconduct.

View blog

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

View all blogs

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up

Quick links

Information

  1. ISO 27001 INFORMATION SECURITY MANAGEMENT UKAS
  2. Investors in people
  3. Lexcel
  5. Plain English Campaign Approved

Follow us...

© Copyright Browne Jacobson LLP 2021 - All rights reserved