Does the Equality Act 2010 provide a cause of action or remedy in respect of post-termination victimisation? In direct contrast to pre Equality Act law, No (applying S108(7)), says the EAT in Rowstock Ltd v Jessemey.
The appellant was dismissed by reason of retirement when he reached 65. In dismissing him the employer had failed to comply with the statutory retirement procedures, and the appellant claimed unfair dismissal and age discrimination. As a consequence of the claim, the employer provided him with a very unfavourable reference and a victimisation claim resulted.
Permission to appeal has been granted, but it may require Parliamentary intervention to close the loophole, ensuring continuity with the previous law and compliance with the Directive.