Post- employment Victimisation is Unlawful under the Equality Act 2010


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Posted on 10 Oct 2012

An employment tribunal has held that post-employment victimisation is unlawful under the Equality Act 2010. 

While under section 108 of the Equality Act 2010, former employees are protected from discrimination and harassment occurring after employment has ended, section 108(7) expressly provides that victimisation is not covered by the Act's post-employment provisions.

In Taiwo v Olaigbe the Judge noted that post-employment victimisation was not covered but stated that there appeared to be a drafting error.  Post-employment victimisation was unlawful under the the previous discrimination legislation and is unlawful under EC law.  It therefore construed the Act’s provisions purposively to extend protection to post-employment victimisation.

Earlier this year, another tribunal in the case of Jessemey v Rowstock Ltd held that post-employment victimisation is not covered by the Equality Act 2010.  However, it  was not referred to the EC case deciding that post-employment victimisation is unlawful and should be covered by UK discrimination legislation.  There is no doubt that post-employment victimisation should be covered and it is unfortunate that the Government has done nothing to correct its earlier drafting error.

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