Jessemey v Rowstock Ltd & Anor
Post-termination victimisation is proscribed by the Equality Act 2010. The omission of explicit prohibition is a drafting error, and the court is empowered to imply words to give effect to legislative intent and EU obligations.
- Parties
- Appellant: JESSEMEY; Respondent: ROWSTOCK LTD; Respondent: Mr Davis
- Jurisdiction
- England and Wales
- Judgment Date
- 26 February 2014
- Procedural Posture
- Appeal / Court of Appeal Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Victimisation, Post Employment Discrimination, Statutory Interpretation, Drafting Error Correction
Case Brief
Summary, issues, holding and outcome
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Parties
JESSEMEY
Appellant
ROWSTOCK LTD
Respondent
Mr Davis
Respondent
Procedural Posture
Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether the Equality Act 2010 prohibits acts of victimisation against former employees
- 2 Whether post-employment victimisation is unlawful under UK law
- 3 Interpretation of section 108 of the Equality Act 2010
Ratio Decidendi
Post-termination victimisation is proscribed by the Equality Act 2010. The omission of explicit prohibition is a drafting error, and the court is empowered to imply words to give effect to legislative intent and EU obligations.
Court Disposition
Appeal allowed
Orders
- Victimisation claim succeeds
- Case remitted to Employment Tribunal for assessment of compensation
Full Case Text
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