The Court of Appeal has found that an ex-employee is entitled to proceed with a claim of victimisation against a (new) ex-employer. The claimant was entitled to £72,500 in respect of a race discrimination and TUPE unfair dismissal claim by a predecessor company. The company did not pay the claimant but did pay other creditors who have not done a protected act. The claimant therefore wishes to bring a victimisation claim. The employee has been given leave to proceed with the claim.

Rank Nemo (DMS) Limited v Coutinho