The claimant had succeeded in a claim for discrimination and registered it for enforcement, but it had still not been paid.
Held: Although the Employment Tribunal had no role in enforing its own decisions, the claimant could return to the Employment Tribunal and cite the failure to satisfy the first claim as a possible basis for an allegation of post employment discrimination and victimisation. An examination of the facts, including an assessment of why the claim had not been satisfied, might well establish post employment victimisation even five years after the employment had finished.
Mummery, Rix, Moses LJJ
[2009] EWCA Civ 454
Bailii, Times
England and Wales
Citing:
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 . .
Cited – Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions HL 19-Jun-2003
The court considered whether discriminatory acts after the termination of employment were caught by the respective anti-discrimination Acts. The acts included a failure to give proper references. They pursued claims on the basis of victimisation . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 01 November 2021; Ref: scu.346216