Winckworth Sherwood

UK 200 2014 position: 81

Does the Equality Act 2010 cover post-employment victimisation? (Yes)

In July 2013, Walker Morris reported on the outcome of the case of Onu v Akwiwu, in which the Employment Appeal Tribunal (EAT) found that the Equality Act covers post-employment victimisation. This conflicted with a parallel EAT decision in Jessemey v Rowstock, in which the EAT found that it did not.

Having heard both cases together (although giving a judgment in the latter case only), the Court of Appeal has now ruled that post-employment victimisation is indeed covered by the Equality Act. The issue arose out of unclear drafting in the Equality Act.

The act protects against post-employment discrimination and harassment but, on the face of it, does not protect against post-employment victimisation. In fact, the act seems expressly to state that post-employment victimisation is not covered. The explanatory note for this part of the act interprets this as meaning that post-employment victimisation is to be dealt with under separate ‘victimisation provisions’, but it is unclear what these ‘provisions’ are…

Click on the link below to read the rest of the Winckworth Sherwood briefing.

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