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POST-EMPLOYMENT VICTIMISATION: Saying one thing, meaning another

04 April 2014  

The Court of Appeal has found that the wording of provisions in the Equality Act was a drafting error, write Kirsti Laird and Clare Davis

Since the introduction of the Equality Act 2010 (EqA), there has been considerable confusion and uncertainty as to whether the victimisation of former employees is unlawful or not. Subjecting a former employee to a detriment because they had raised a discrimination complaint (victimisation) had been unlawful under previous legislation and Parliament had no apparent intention to change this position. Nonetheless, the specific wording of the EqA appeared to remove the right to bring this claim.

 

Additional Info

  • Case(s) Referenced:

    Jessemey v Rowstock Ltd & anor [2014] EWCA Civ 185

    Onu v Akwiwu & anor [2014] EWCA Civ 279

Last modified on 14 April 2016