In Onu v Akwiwu and another; Taiwo v Olaigbe and another  IRLR 719 SC, the Supreme Court held that migrant domestic workers who were mistreated by their employers, the opportunity for which was afforded by their immigration status, were not subject to direct discrimination on grounds of their nationality. While immigration status is a function of nationality, nationality of itself was not the reason for the treatment.
The Employment Appeal Tribunal (EAT) has suggested that the victimisation provisions in the Equality Act 2010 extend to claims of discrimination by association.
In Rowstock Ltd and another v Jessemey  IRLR 368 CA, the Court of Appeal held that the apparent exclusion of post-employment victimisation from the Equality Act 2010 was the result of an inadvertent drafting error and that such conduct is indeed proscribed by the Act.
David Malamatenios is a partner, Linda Quinn and Krishna Santra senior associates and Melissa Powys-Rodrigues and Dominic Speedie associates at Colman Coyle Solicitors. They round up the latest rulings.
The Court of Appeal has held that the Equality Act 2010 can be interpreted to cover post-employment victimisation, resolving the conflict created by two contradictory EAT decisions on this issue.
James Buckle, Gerri Hurst, Joelle Parkinson, Chris McAvoy and Helen Samuel are associate solicitors at Addleshaw Goddard LLP. They round up the latest rulings.
In Rowstock Ltd and another v Jessemey and Equality & Human Rights Commission  IRLR 439 EAT, the EAT held that the Equality Act 2010 does not provide protection against post-employment victimisation.
In Onu v Akwiwu and another  IRLR 523 EAT, the EAT held that the Equality Act 2010 should be construed as prohibiting post-employment victimisation.
The Employment Appeal Tribunal (EAT) has held that the Equality Act 2010 can be interpreted to cover post-employment victimisation, disagreeing with the EAT decision in Rowstock and another v Jessemey and another.
The Employment Appeal Tribunal has held that the Equality Act 2010 cannot be interpreted to cover post-employment victimisation.
HR and legal information and guidance relating to victimisation.