GB - Jessemey v Rowstock Ltd & Anor

Judgment

Lord Justice Underhill :

INTRODUCTION

The issue raised by this appeal is whether the Equality Act 2010 prohibits acts of victimisation committed against a former employee. On 5 March 2013 the Employment Appeal Tribunal in this case, sitting in a constitution chaired by Mr Recorder Luba QC, held that it does not; but in a case decided two months later, Onu v Akwiwu , a constitution chaired by the President, Langstaff J, held that it does. The decisions are reported at [2013] ICR 807 and [2013] ICR 1039 . The issue is of practical importance because claims by former employees that their employer has acted to their prejudice following the termination of the employment – typically, though by no means only, by giving a bad (or no) reference – are not at all uncommon.

Appeals in both cases were listed before us on the same occasion, but it was agreed that the present case should be treated as the lead – though there will still be a separate substantive judgment in Onu since that case raises other issues in addition. We have taken into account both the submissions addressed to us in the instant case by Ms Karon Monaghan QC and Mr Christopher Milsom for the Claimant (the Appellant before us) and by Mr John Crosfill and Mr Jason Braier for the Respondents and the submissions of Mr James Robottom and Mr Jake Dutton for the Claimant and the Respondents respectively in Onu . I should note that Ms Monaghan and Mr Milsom are instructed by the Equality and Human Rights Commission. In the EAT the Commission appeared in its own right as an intervener, instructing Mr Milsom: the Claimant was represented by a solicitor.

Since the issue is one of pure law I need only give the barest summary of the facts. The Claimant was employed by the First Respondent, Rowstock Ltd, which was a small car sales and repair business in Didcot in Oxfordshire; the Second Respondent, Mr Davis, was a director of Rowstock and appears in practice to have run the business. In January 2011 the Claimant was dismissed on the ground that he was aged over 65. He brought proceedings for unfair dismissal and age discrimination. He sought the help of an employment agency to find another job. When they approached Mr Davis he gave the Claimant a very poor reference. The Claimant believed that the reason for that reference was that he had brought proceedings, and he presented a further claim alleging victimisation contrary to the Equality Act 2010.

By a decision sent to the parties on 7 Decem

Judgment

Lord Justice Underhill :

INTRODUCTION

By a decision sent to the parties on 7 Decem

Jessemey v Rowstock Ltd & Anor

Areas of Law