Equality Act 2010 can be interpreted as covering post-employment victimisation

An employment judge has held that a claimant could pursue a claim of post-employment victimisation under the Equality Act 2010.

The judge noted that section 108 of the EqA 2010, which renders post-employment discrimination and harassment unlawful, expressly does not apply to acts of victimisation. However, this appeared to be a drafting error.

Applying a purposive approach to the legislation to give effect to EU law, the judge interpreted the EqA 2010 victimisation provision in section 39 as protecting former employees as well as current ones. (Taiwo v Olaigbe and others ET/2389629/11.)

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