d
c

In May 2013 we highlighted the conflicting decisions in the cases of Rowstock Limited v Jessemey and Onu v Akwiwu in relation to post-employment victimisation.

In Rowstock, it was held that it was not possible for an employee to bring a victimisation claim under the Equality Act 2010 after the employment relationship had ended; in Onu, it was held that post employment victimisation was covered by the Equality Act 2010. The Court of Appeal has looked at both cases and has now determined that… (drum roll) post-termination victimisation is covered by the Equality Act.

The Rowstock case concerned a poor reference from the company for a former employee who had previously brought unfair dismissal and age discrimination claims against it. What the Court of Appeal has now established is that ex-employees in this situation will still have a remedy under the Equality Act to bring a victimisation claim, even though the act (the giving of the reference) happened after the relevant (employment) relationship. The Court held that even though it was clear on a natural reading of the relevant sections of the Equality Act that post-termination victimisation is prohibited, it is equally clear that this was not the intention of the draftsmen for a number of reasons. At the time the Equality Act was drafted, post-termination victimisation was prohibited and there was no indication that the Government intended to change that.

Further, if post-termination victimisation was lawful, the UK would be in breach of its obligations under the EU Equal Treatment Directive which prohibits victimisation (and nobody wants to be in breach of EU law).

Employers should therefore be wary of their actions even when employees have left the business to avoid potential litigation with ex-employees.

If you would like any further information on this topic please contact one of the Edwin Coe Employment team.

Please note that this blog is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of this blog.

Edwin Coe LLP is a limited liability partnership registered in England and Wales (No. OC326366) and is authorised and regulated by the Solicitors Regulation Authority. A list of members of the LLP is available for inspection at our registered office: 2 Stone Buildings, Lincoln's Inn, London WC2A 3TH. "Partner" denotes a member of the LLP or an employee or consultant with the equivalent standing. Our privacy notice which we are obliged to give you under the GDPR is available here.

Please also see a copy of our terms of use here in respect of our website which apply also to all of our blogs.

Latest Blogs See All

Share by: