Post-employment victimisation

The Court of Appeal has ruled that employees cannot make claims of post-employment victimisation based on past health and safety duties. Individuals whose ex-employers provided them with unsatisfactory references cannot claim protection against victimisation under the Employment Rights Act 1996. The only exception to this is in sex discrimination cases where the European Court of Justice has upheld the right to pursue a victimisation claim.

* Fadipe v Reed Nursing Personnel, December 2001