Tag Archives: victimisation

UK: Discrimination – victimisation claim by individual ‘associated’ with those who have done a protected act

Employers should ensure managers do not treat individuals less favourably because allegations of discrimination have been made, whether by the individuals themselves or others.

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Filed under Discrimination and equal pay, Jurisdiction: UK

UK: Discrimination – Equality Act does prohibit post-employment victimisation

Following two conflicting EAT decisions last year (see here), the Court of Appeal has now ruled that the Equality Act should be read as prohibiting post-employment victimisation, notwithstanding a drafting error. Such victimisation often consists of an employer giving an … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK

UK: Victimisation – dismissal for making multiple discrimination grievances unlawful

Where an employee makes repeated allegations of discrimination which the employee believes to be true but which the employer considers unfounded, employers may be tempted to dismiss on the grounds of a breakdown in trust and confidence. A recent EAT … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK, Termination of employment

UK: Drafting error in Equality Act revealed through case law

Two EAT cases show what’s wrong with parts of the statute dealing with post-termination victimisation Prior to the introduction of the Equality Act 2010, it was clear that post-termination victimisation was unlawful. This often takes the form of employers giving … Continue reading

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Filed under Equality Act, Jurisdiction: UK

UK: Post-employment victimisation is prohibited after all

The EAT has ruled that post-employment victimisation is unlawful, departing from its previous decision in Rowstock v Jessemy. (Onu v Akiwiwu) Such victimisation often consists of an employer giving an unfairly negative reference or refusing to give a reference (when … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK, Termination of employment

UK: Post-employment conduct: whistleblowing disclosures protected; victimisation not prohibited by Equality Act

Case law has established that subjecting an employee to detriment post-employment for a whistleblowing disclosure made during employment is unlawful.  In Onyango v Berkeley the EAT has now confirmed that there is protection even if the disclosure itself is made after the … Continue reading

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Filed under Discrimination and equal pay, Equality Act, Jurisdiction: UK, Whistleblowing

UK: Enterprise and Regulatory Reform Bill: amendments to whistleblowing, financial penalties on employers, dismissal for political opinion/affiliation

The Government has proposed, and the House of Lords approved, a number of amendments to the Enterprise and Regulatory Reform Bill:  

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Filed under Employment law reforms, Jurisdiction: UK, Termination of employment, Whistleblowing

UK: Whistleblowers – employers are not vicariously liable for victimisation by colleagues

The Court of Appeal has ruled that the law does not prohibit workers from victimising their colleagues for whistleblowing, and therefore an employer cannot be held vicariously liable for their acts.  The Court considered that it was not possible to … Continue reading

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Filed under Jurisdiction: UK, Whistleblowing