Post-employment discrimination

Case 2: The facts

Rebecca Hough, an employee of retailer BHS, engaged model Sonja Walker via an agency on photo shoots. Walker brought a sexual harassment claim against Hough, who the tribunal found had made unwanted sexual advances towards her.

It was accepted that Walker was a BHS employee during the periods that she was engaged on the photo shoots. But a tribunal found that two of the acts had been carried out at other times and therefore did not amount to unlawful discrimination.

The ruling

The Sex Discrimination Act (SDA) covers discrimination occurring after an employment relationship has ended, as long as there is a sufficient connection to that employment.

The Employment Appeal Tribunal held that the connection to Walker's employment with BHS was close enough for the two acts to come under the SDA's provisions. They therefore did amount to sex discrimination, and the case was sent back to the tribunal to reassess compensation.

BHS Ltd & Hough v Walker & Premier Model Management UKEAT/0001/05