Mistakes happen: Court of Appeal rules that post-termination victimisation is unlawful

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Ever since the Equality Act came in, there has been uncertainty as to whether it covers post-employment victimisation. This is because section 108, which clearly prohibits post-employment discrimination and harassment, specifically excludes victimisation from its scope; the victimisation provisions only extend to discrimination before or during employment.

The claimant in Jessemey v Rowstock Ltd had brought age discrimination and unfair dismissal claims against his employer following his dismissal. Shortly afterwards, his employer provided an unfavourable reference to an employment agency…

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