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

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

Immigration rules post Brexit

Free movement between the UK and the EU ended on 31 December 2020. Since 1 January 2021, a new points-based immigration system applies to all migrants wanting to come to the UK, whether they are EU citizens or not.

View blog

“Please release me, let me go” Government to consult on removal of non-compete clauses

The Government has announced a consultation exercise into the possible removal of non-compete clauses in employment contracts which will run until 26 February 2021.

View blog

Changes to the Job Support Scheme

The government has now announced further changes to the Job Support Scheme (now renamed the Job Support Scheme Open), with both the percentage of working hours and the employer contribution to unworked hours dropping.

View blog

The Restriction of Public Sector Exit Payments Regulations 2020

On 14 October 2020, The Restriction of Public Sector Exit Payments Regulations 2020 (the “Regulations”) were made into law and will come into force on 4 November 2020.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up