The court was asked whether a claim as to acts of victimisation could be sustained in connection with actions alleged after termination of employment.
Held: The appeal succeeded. The Act operated to proscribe such actions. However, this is one of those exceptional cases where the court could confidently say that the draftsman had erred and had, by an oversight, failed to reflect Parliament’s clear intention, and the court was in a position to remedy that error. Accordingly the statute was interpreted as conferring the right on ex-employees to take victimisation claims.
Maurice Kay VP CA, Ryder, Underhill LJJ
[2014] EWCA Civ 185, [2014] IRLR 368, [2014] WLR(D) 101, [2014] ICR 550, [2014] Eq LR 230, [2014] 3 All ER 409
Bailii, WLRD
Equality Act 2010
England and Wales
Citing:
Appeal from – Rowstock Ltd v Jessemey EAT 5-Mar-2013
EAT UNFAIR DISMISSAL – Polkey deduction
AGE DISCRIMINATION – Dismissal
VICTIMISATION – Post-employment
FACTS
The employee was dismissed on grounds of retirement, having reached an age over . .
Cited – Post Office v Adekeye CA 13-Nov-1996
Race discrimination which took place after a dismissal was not unlawful within the section, since that first required the context of employment, and after the dismissal, the applicant was no longer in that employment. The natural meaning of the . .
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 by:
Cited – Deer v University of Oxford CA 6-Feb-2015
The claimant had previously succeeded in a claim of sex discrimination against the University, her former employer. She now appealed against rejection of her claims alleging later victimisation.
Held: Two appeals succeed, and those matters . .
Lists of cited by and citing cases may be incomplete.
Discrimination, Employment
Leading Case
Updated: 10 November 2021; Ref: scu.521625
