Victimisation

Section 27 of the EA 2010 makes it unlawful for an employer to victimise someone because they have made complaints of discrimination, irrespective of whether the complaints were upheld. It applies to existing and former staff and includes complaints made on behalf of another person.

Two recent cases have given conflicting decisions as to whether the Equality Act 2010 can be interpreted to cover post-employment victimisation, Rowstock Ltd and another v Jessemey and Equality & Human Rights Commission [2013] IRLR 439 EAT and Onu v Akwiwu and another, Adwiwu and another v Onu EAT/0283/12 and EAT/0022/12. The Court of Appeal will consider the issue and the government may ultimately need to act and make changes to the Act to make clear that post-employment victimisation is covered.