LRD guides and handbook June 2014

Law at Work 2014

Chapter 6

What happens after employment has ended?

[ch 6: page 181]

Ex-employees continue to be protected from victimisation by their former employer after the employment has ended (Jessemey v Rowstock Limited [2014] EWCA Civ 185). The legal duty on the employer not to victimise does not end just because the employment has ended. For example, if employers normally provide ex-employees with references, they must provide them for all, including those who have raised discrimination issues. It does not matter how much time has passed since the date of the “protected act”. Instead, what matters is that the poor treatment (for example refusing a reference) is linked to the protected act.