Rowstock Limited v Jessemey
The Court of Appeal has recently clarified the position in relation to an employer’s liability for victimisation of an employee after he/she has left his/her employment. This most usually occurs when a poor or no reference is given for employees who have brought discrimination claims.
For many years it was well understood that employees were entitled to bring victimisation claims in such circumstances, but the Equality Act 2010 (specifically Section 108(1) and 108(7)) brought about considerable confusion. The language is impenetrable and many thought, just wrong. Fortunately, the Court of Appeal has agreed.