In joined appeals in Jones v 3M Healthcare Ltd and other cases , the EAT holds that there is no jurisdiction for employment tribunals to hear disability discrimination cases relating to events after the termination of employment.
The EAT reviewed the case law relating to complaints about post-termination events brought under the Sex Discrimination Act 1975 (SDA) and the Race Relations Act 1976 (RRA) and considered themselves bound by decisions of the Court of Appeal, and in particular Adekeye v The Post Office (EOR 71) ( IRLR 105), to the following effect:
(1) The references, in s.6(2) SDA and s.4(2) RRA to a person "employed by him", whilst grammatically ambiguous, can in full context be read, as to jurisdiction, to permit, as a rule, claims to be made only by persons employed by the respondent employer as at the date of the discriminatory event complained of;
(2) That there is a limited exemption to that rule namely that where, in reaction to an earlier complaint in which an employee had sought to enforce one or more principles of the Equal Treatment Directive, the erstwhile employer retaliates against the employee on that account, then there is no jurisdictional defence to the former employee's timely proceedings as to that retaliation such that it is to be barred either because the event occurred, or because the complaint was made, only after the employment relationship had ended;
(3) That no other exception to the rule has so far been identified.