Failure to give proper reference. ECJ judgment giving right to make complaint only if cause was result of complaint over health and safety matters.
Held: The appeal failed. The section did not protect former workers: ‘section 44 does not, on its proper construction, apply in the circumstances relied upon by Mr Fadipe. The section is in the part of the Act that affords protection from suffering detriment in employment. Its purpose is to protect employees while they are still employed from suffering detriment, short of dismissal, by reason of having brought to their employer’s attention health and safety matters of the kind referred to in section 44(1)(c). If it is a dismissal case the section does not apply: see section 44(4). ‘ Nor was it possible now to raise issues not pleaded before the tribunal.
Citations:
[2001] EWCA Civ 1885, [2005] ICR 1760
Links:
Statutes:
Council Directive on the introduction of measures to encourage improvement in the safety and health of workers at work, 89/391/EEC, Employment Rights Act 1996 44
Jurisdiction:
England and Wales
Citing:
See also – Fadipe v Reed Nursing Personnel CA 19-Feb-2001
Failure to give proper reference for former employee. . .
Cited – Coote v Granada Hospitality Ltd ECJ 22-Sep-1998
coote_granadaECJ1998
The employer had refused to provide a reference after the claimant had left the company after making a sex discrimination claim. She said this was victimisation.
Held: The state has a duty to protect workers against retaliation after . .
Cited – Kumchyk v Derby County Council EAT 1978
The appellant sought to advance an argument that a certain term was implied into the contract of employment which, for its consideration, would have required consideration of a factual framework which had not been explored in evidence.
Held: . .
Cited by:
Cited – Woodward v Abbey National Plc CA 22-Jun-2006
The claimant appealed refusal to award damages after an alleged failure to give a proper reference, saying that the decision in Fadipe could not stand with the later decision in Rhys-Harper. She said that she had suffered victimisation after making . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 13 June 2022; Ref: scu.201554