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Equality North East

Poor references for claimants risk discrimination

Ex-employees bringing tribunal claims are protected against detrimental treatment by the Equality Act

Whether the Equality Act 2010 covers post-employment victimisation (treating employees unfavourably because they have brought a tribunal claim) has been a matter of ambiguity for some time and there were conflicting decisions on this issue in the EAT last year.

Prior to the Equality Act coming into force, ex-employees were expressly protected against victimisation at the hands of their former employers. Although the Act does protect former employees from post-employment discrimination and harassment, there is no express protection against post-employment victimisation. But now the Court of Appeal has held, in the case Rowstock v Jessemey, the legislation can be interpreted to provide this protection.

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March 10, 2014

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