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Post-Employment Retaliation Not Actionable In The UK

By Psyche Tai (HK) on April 16, 2013
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A UK employer provided a negative employment reference because an employee who had been fired had filed a discrimination claim.  Was this retaliation, or as it is known in the UK, “victimization,” under The Equality Act 2010? 

 

No, said the UK courts – the law does not cover post-employment acts of the employer, even acts of victimisation. This is contrary to US anti-discrimination laws.  

 

The employee has been given leave to further appeal the case,  since it appears that relevant precedent is scarce.  The blog Disability Discrimination Newsletter from a UK law firm stated today that “The general consensus among practitioners is that post-employment victimisation is important and needs protection. It appears that its omission from the Act may simply be a drafting error as both national and EU case law provides for this protection. Surely it was not Parliament’s intention to exclude this protection?”

 

Photo of Psyche Tai (HK) Psyche Tai (HK)
Read more about Psyche Tai (HK)Email
  • Posted in:
    Employment & Labor
  • Blog:
    Employment Discrimination Report
  • Organization:
    Fox Rothschild LLP
  • Article: View Original Source

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