This pre-hearing review highlights a drafting error in the Equality Act 2010 that means that post-employment victimisation is not covered. The decision that the claimant's post-employment victimisation claim should be allowed to proceed contrasts with the first-instance decision in Jessemey v Rowstock Ltd and another ET/2700838/11 and ET/2701156/11, in which the employment tribunal rejected the same sort of claim.
This well-publicised case involves an employment tribunal claim for race discrimination in the unusual context of professional football, but is an example for all employers of how not to deal with a complaint of racism in the workplace.
The employment tribunal in this case took the unusual decision that the employer victimised the claimant when it allowed an Acas conciliation officer to forward her an email questioning her abilities and suggesting that she would never be promoted because of weaknesses in her literacy skills.
Georgina Kyriacou and David Malamatenios are partners and Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.
The Employment Appeal Tribunal has held that the principle of judicial proceedings immunity applies to all types of discrimination claims, including victimisation.
Ceri Hughes, David Parry, and Carly Mather, associates at Addleshaw Goddard, detail the latest rulings.
This case is worth reading as an example of how an employer's failure to address a manager's unacceptable behaviour can lead to further claims from the employee.
Richard Ryan, associate, Helen Ward, associate, and Tori O'Neil, trainee solicitor, Addleshaw Goddard, detail the latest rulings.
The Employment Appeal Tribunal has held that employees, who successfully claim discrimination, are entitled to be compensated for any injury to health or injury to feelings caused by the act complained of, even if they were unaware that the act complained of was discriminatory.
This week's case of the week, provided by Mills & Reeve, covers victimisation.
HR and legal information and guidance relating to race-related victimisation.