Jessemey v Rowstock Ltd & Anor [2014] EWCA Civ 185 (26 February 2014)

Jessemey v Rowstock Ltd & Anor [2014] EWCA Civ 185 (26 February 2014)

Post-employment victimisation is proscribed by the Equality Act 2010. The omission of explicit provision for post-employment victimisation was a drafting error. The Act must be interpreted, using EU-conforming and domestic rectifying principles, to prohibit such conduct. The appeal is allowed and the victimisation...

Source-derived case information.

Citation
[2014] EWCA Civ 185
Parties
Appellant: Jessemey; Respondents: Rowstock Ltd & Anr
Jurisdiction
England and Wales
Judgment Date
26 February 2014
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Victimisation, Post Employment Discrimination, Interpretation of Equality Act 2010, Implementation of EU Directives, Statutory Construction
Employment Law Equality Law EU Law Victimisation Post Employment Discrimination Interpretation of Equality Act 2010 Implementation of EU Directives Statutory Construction

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Summary, issues, holding and outcome

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Parties

Jessemey

Appellant

Rowstock Ltd & Anr

Respondents

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Does the Equality Act 2010 prohibit acts of victimisation committed against a former employee?
  2. 2 Is post-employment victimisation unlawful under the 2010 Act?

Ratio Decidendi

Post-employment victimisation is proscribed by the Equality Act 2010. The omission of explicit provision for post-employment victimisation was a drafting error. The Act must be interpreted, using EU-conforming and domestic rectifying principles, to prohibit such conduct. The appeal is allowed and the victimisation claim succeeds.

Court Disposition

Appeal allowed

Orders

  • Victimisation claim succeeds
  • Case remitted to the Employment Tribunal for assessment of compensation