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Key Points

  • Treating someone less favourably on the basis that they are seeking to exercise their rights under protecting legislation is victimisation.
  • The Court of Appeal has held that victimisation after an employment relationship has ended is actionable.
  • The Equality Act applies the reverse burden of proof to victimisation to bring it into line with other claims.
  • Brexit effect - unless otherwise stated, the position in relation to any EU legislation and decisions as set out in this card is as it was understood at the end of the transition period on 31st December 2020. For information on the status of EU decisions and legislation as of 31st December 2020 please see Statement on impact of Brexit on Emplaw Online content

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