EHRC intervenes in Jessemey post employment victimisation appeal

The Equality and Human Rights Commission (EHRC) is providing legal representation

The Equality and Human Rights Commission (EHRC) is providing legal representation to Jessemey in his appeal to the Court of Appeal against the finding of the Employment Appeal Tribunal in his claim against Rowstock and another, that it had no jurisdiction to hear his claim of post-employment victimisation, i.e. by being given a poor reference by his former employer after lodging a claim for age discrimination. The EAT found that the Equality Act 2010 does not provide a remedy for post-employment victimisation as it was expressly excluded under S.108. In the Commission’s view, this is contrary to EU law and the EAT should have read the Equality Act consistently with EU law (or disapplied S.108). The EHRC has also raised this issue with the Government and has notified the European Commission. A different division of the EAT held in Onu v Akwiwu and another, subsequently held that the 2010 Act does in fact protect individuals against post-employment victimisation and permission has been granted to appeal in this case. The EHRC has reported that that a number of other complaints have been stayed pending the outcome of Jessemey’s appeal so clarity from the Court of Appeal is keenly awaited.

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