Search
Close this search box.

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

Job descriptions don’t attract candidates – companies do

28 April 2024

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

Software Development Director Exec Team Seat Remote Working with Ellesmere Port Office Based Minimum 1 Day Per Week + Contribution towards membership fees £120 000

Moulton CollegeSalary From £22 308 pa 8211 Band 5 £23 031 00 8211 £24 123 00 pa 8211 Band 6 dependent on experience This provides

The University of Bolton 8211 Human Resources TeamSalary £24 533 to £27 181 This provides summary information and comment on the subject areas covered Where

Royal Botanic Gardens Kew 8211 Directorate Resources Salary £56 445 to £60 000 per annum depending on skills and experience This provides summary information and

Read the latest digital issue of theHRDIRECTOR for FREE

Read the latest digital issue of theHRDIRECTOR for FREE