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The lacuna in the law which means that there is no remedy for post-employment victimisation under the Equality Act 2010 (the ‘Act') (see our previous update) has now been considered again. The Employment Appeal Tribunal has held in Onu v Akwiwu and another UKEAT/022/02 that the wording of the Act is sufficiently ambiguous such that it can be interpreted to give Employment Tribunals jurisdiction to provide a remedy for post-employment victimisation claims. The EAT interpreted the Act in light of EU law, which protects employees against post-employment victimisation. Given that there is now conflicting case law on this point, employers are advised to proceed with caution and assume that employees are protected from post-employment victimisation.
Updates
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