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

Airport City, Manchester 0844 800 8346

Office 129
Manchester Business Park
3000 Aviator Way
Manchester M22 5TG

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...

Compensation for Employees Made Redundant Due to Administration

16th October, 2019

Our solicitors have a proven track record of recovering compensation for clients where their employer is in administration... Read More »

Selling a Business - Zoe Lloyd Article

What is Due Diligence and How We Can Help

16th October, 2019

Due diligence is the process undertaken by a buyer before buying a company/business. The buyer, working with their... Read More »

Wills Article - Paul Caslin

Understanding the “commorientes rule” and survivorship

16th October, 2019

In England and Wales, where two or more people have died simultaneously or where it is not possible... Read More »

Contact Us