EAT sends out confusing messages about post-employment victimisation
By Benedict Gorner
Before the Equality Act 2010 came into force in October 2010, legislation and case law made clear that ex-employees were protected from victimisation at the hands of their former employers (provided that the acts complained of arose out of and were closely related to the employment relationship). However, an apparent drafting error in the Equality Act 2010 suggests that ex-employees are no longer protected in this way. This is a surprising lacuna in the legislation and one that is causing some uncertainty. For employers, this uncertainty is particularly unwelcome — getting it wrong could result in successful victimisation claims and significant liabilities.
The issue has recently been considered by the Employment Appeal Tribunal (EAT) in two separate cases. Unhelpfully, however, the EAT has reached a completely opposite conclusion in each case — holding in the first case that post-employment victimisation is no longer prohibited and in the second holding that it is.
In March 2013, the EAT gave judgment in the case of Rowstock Ltd v Jessemey. In this case, the employee was dismissed by his employer. The ex-employee brought claims against his former employer including an age discrimination claim. Shortly afterwards, the employer provided the ex-employee with an unfavourable reference. This then led to the ex-employee bringing a victimisation claim as well…
If you are registered and logged in to the site, click on the link below to read the rest of the DLA Piper briefing. If not, please register or sign in with your details below.
Please set live and backdate to 3 June 2013
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
Philippines president Benigno Aquino III has signed into law Republic Act 10641, ‘An Act Allowing the Full Entry of Foreign Banks in the Philippines’.
As you structure the features of developer notes, the following principles may help you maximise their marketability.
Analysis from The Lawyer
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.
A new breed of lawyer is smoothing the path for companies entering emerging or unstable jurisdictions