Post-termination discrimination is unlawful if the conduct has a sufficiently close connection with the employment. The Court of Appeal has ruled that this test may be satisfied where an employer refuses to pay a tribunal award for unfair dismissal and discrimination in retaliation for the employee's prior discrimination claim. (Rank Nemo v Coutinho, CA)

In contrast, an employee cannot bring a victimisation claim for a failure to comply with a tribunal reinstatement order, as there is an express statutory remedy for such a failure (additional compensation).