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28-02-2014

Bad references cost firms.

Mr Jessemey was given a poor reference after making allegations of age discrimination. He subsequently lodged a claim with the employment tribunal claiming victimization. The employment tribunal agreed and awarded compensation.

His employer, however, appealed to the Employment Appeal Tribunal which ruled that the Equality Act 2010 does not provide a remedy for post-employment victimisation.

The Court of Appeal has now ruled that an employee is entitled to compensation where his former employer gave him a poor reference, notwithstanding that the employee has left the employer’s employment.

The Court of Appeal concluded that it was clear that there had been an intention to forbid post-relationship victimisation and that the failure to do so was a mistake.

Mr Jessemey was supported in his case by the Equality and Human Rights Commission and the Court of Appeal’s findings have now paved the way for a number of other cases that were stayed pending the appeal.

Sarha Rushton (srushton@moonbeever.com)

Tel: 0207 539 4147

This is intended for general information only and should not be considered as giving advice in relation to any individual case nor be taken as applying to any particular case. No liability is accepted for any such use of the information.

TESTIMONIALS

Standout firm known for its personal insolvency work for clients including private companies, individuals and governmental institutions. Frequently acts for insolvency practitioners, assisting with the realisation of assets, both in the UK and abroad.

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