Post-employment victimisation claims are covered by the Equality Act 2010 (News, 17 May 2013)

Table of contents

• Impact of this case
• Comment
• Relevant background law
• The ET and EAT judgments

Article summary

Despite apparent errors in its drafting, a purely domestic approach to construing the provisions of the Equality Act 2010 leads to the conclusion that claims that allege victimisation arising out of events that take place after the relevant contract of employment has come to an end (ie post-termination victimisation claims) may be brought by an ex-employee and pursued under the Act. That conclusion is reinforced when European Directives and caselaw are taken into account. Conclusions to the opposite effect reached recently by the EAT in Rowstock v Jessemey were incorrect. EAT: Onu v Akwiwu (permission given to appeal to the Court of Appeal).