In the case of Rank Nemo (DS) Limited & others v Coutinho, the Court of Appeal has confirmed that an employment tribunal can hear a claim for victimisation based upon non-payment of a tribunal award. If the victimisation claim succeeds, the claimant will be able to recover both the original tribunal award of £72,000 and any damages awarded as a result of the victimisation. The tribunal will have to discover the reason for the non-payment of the award. If the reason was retaliation for having brought discrimination proceedings, his victimisation claim will succeed.

The respondent in this action inherited liability for the claim under TUPE and this highlights the importance of obtaining appropriate indemnities.