Chester 01244 405555

Grosvenor Court
Foregate Street Chester
Cheshire CH1 1HG
DX: 19990 Chester

Shrewsbury 01743 443 043

Lakeside House
Oxon Business Park
Shrewsbury SY3 5HJ
DX: 148563 Shrewsbury 14

Manchester 0844 800 8346

Pall Mall Court
61-67 King Street
Manchester M2 4PD

Send us a message
Our Offices

Post-employment victimisation

29th February, 2012

It has recently been held by an employment tribunal in Jessemey v Rowstock Ltd and another that post-employment victimisation is not unlawful under the Equality Act 2010 (the Act).

Whilst section 108 of the Act does protect against post-employment discrimination and harassment, it does not expressly protect against post-employment victimisation.  Section 108(7) of the Act goes as far as to state that conduct amounting to victimisation will be dealt under the victimisation provisions and not the post-employment section.  The victimisation provisions in the Act deal expressly with victimisation against current employees.

Jessemey involved an employee that brought a claim against his employer for age discrimination and unfair dismissal after being dismissed.  The employer provided an unfavourable reference for the employee and as a result the employee pursued a further claim against his employer for victimisation.

The employment tribunal accepted that there had been an act of victimisation since the unfavourable reference was provided because the employee had brought tribunal proceedings against it.  However, the tribunal held that the claim could not succeed because section 108 of the Act does not prohibit post-employment victimisation, only post-employment discrimination and harassment.

Employees wishing to bring post-victimisation claims might seek to rely on Rhys-Harper v Relaxion Group plc; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Ltd. In that case, the House of Lords held that the pre-Equality Act 2010 legislation covered post-employment discrimination (including victimisation) even though the legislation at that time did not expressly protect former employees.

The employee in Jessemey does not appear to have relied on Rhys-Harper so it remains to be seen what the outcome will be if and when that decision is taken into account.

If you need advice or have any concerns regarding victimisation both during and after employment, please contact Helen Kidd in the Employment Team.

 

You might also be interested in...

Senior employment lawyer joins Theatr Clwyd board

17th July, 2018

Helen Watson, Head of Employment Law at Aaron & Partners LLP, has taken up an invitation to become a Trustee of both the Trust Board and the Main Board Theatr Clwyd has bolstered its senior leadership team with the appointment of an experienced employment law solicitor to support its vision of being at the forefront of theatre making... Read More »

Why there is more to CSR than just boosting a company’s ego

6th July, 2018

When a business invests in its community it deserves praise – but it must go beyond that, writes Helen Watson, a trustee at Claire House and partner at Aaron and Partners Solicitors. Corporate social responsibility (CSR) is the link between a company and the community in which it operates. As a trustee on charity boards including Claire House... Read More »

Stuart Haynes reports on IAG Global – Wiesbaden 14th to 17th June 2018

4th July, 2018

Stuart Haynes, Corporate & Commercial Partner and IAG Global Board Member, reports on IAG Global – Wiesbaden held 14th to 17th June 2018 Stuart Haynes (IAG Global Board Member) Stuart Scott-Goldstone and Nick Clarke attended the recent IAG Global meeting in Wiesbaden which was held at the Grand Hotel Nassauer Hof from 14th – and 17th July 2018 The meeting... Read More »

Contact Us