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Post-employment victimisation

Equality Act 2010 does not protect against post-employment victimisation

An employment tribunal has held that post-employment victimisation is not unlawful under the Equality Act 2010. Section 108 of the Act, which renders post-employment discrimination and harassment unlawful, expressly does not apply to acts of victimisation. Therefore, a claimant could not

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succeed with a victimisation claim based on an unfavourable reference provided by his former employer. (Jessemey v Rowstock Ltd and another ET/2700838/11 and ET/2701156/11.)

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