Is a claim for post-employment victimisation currently permissible under the Equality Act 2010?

Published date01 June 2014
AuthorSam Middlemiss
Date01 June 2014
DOI10.1177/1358229113510825
Subject MatterArticles
Article
Is a claim for
post-employment
victimisation currently
permissible under the
Equality Act 2010?
Sam Middlemiss
Abstract
This article provides an overview of the current legal rules dealing with post-
employment victimisation and an analysis of the nature and scope of the law on this issue
in the United Kingdom. The main focus of the article is to consider the conflicting legal
decisions in this area and the impact they have had. Particularly, the detrimental effect
the uncertainty arising from these cases has had, and will continue to have, on solicitors
involved in claims and employees that have experienced this kind of victimisation. Finally,
the need for reform of the law in this area will be considered.
Keywords
Victimisation, post-employment, case law, conflict
Introduction
The law on post-employment victimisation is covered by the Equality Act 2010. How-
ever, the provisions dealing with post-employment victimisation are less favourable
under the Act than under previous law and do not comply with the legal standards of the
European Union. With respect to victimisation itself, there are two sections of the
Robert Gordon University, Aberdeen, UK
Corresponding author:
Sam Middlemiss, Law School, ABS, Robert Gordon University, Garthdee Road, Aberdeen AB10
7QE, UK.
Email: s.middlemiss@rgu.ac.uk
International Journalof
Discrimination and theLaw
2014, Vol. 14(2) 117–125
ªThe Author(s) 2013
Reprints and permission:
sagepub.co.uk/journalsPermissions.nav
DOI: 10.1177/1358229113510825
jdi.sagepub.com

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