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.

Read more

Latest News

Read More

How to avoid survey fatigue and maintain engagement

2 April 2025

Newsletter

Receive the latest HR news and strategic content

Please note, as per the GDPR Legislation, we need to ensure you are ‘Opted In’ to receive updates from ‘theHRDIRECTOR’. We will NEVER sell, rent, share or give away your data to third parties. We only use it to send information about our products and updates within the HR space To see our Privacy Policy – click here

Latest HR Jobs

As our new Director of HR, you will be at the forefront of creating the Land Registry of the future, ensuring that we have the

Support the continuous improvement of the HR function through development and implementation for all HR programs in an assigned geography or assigned business line. Lead

Support the continuous improvement of the HR function through development and implementation for all HR programs in an assigned geography or assigned business line. As

Human Resources Manager Full time role – based in our Haringey Headquarters Join a leading social care organisation dedicated to transforming lives through exceptional home

Read the latest digital issue of theHRDIRECTOR for FREE

Read the latest digital issue of theHRDIRECTOR for FREE