Court of Appeal (20 May 2009): The Court of Appeal has confirmed that, despite uncertainties in this area of law, a claim for post termination victimisation will be permitted in certain circumstances.
The former employee succeeded in a claim for unfair dismissal and race discrimination, and an award for compensation was given by the tribunal. The employer failed to pay this award, and again a following judgment of the High Court arose from a claim for non-payment. The former employee then brought a claim for victimisation in the Court of Appeal.
The employer asserted that a claim for victimisation may only be brought by current employees, however Court of Appeal disagreed and upheld the claim for post termination victimisation. Employers should therefore only withhold payment to current or former employees only if they have valid grounds, otherwise they could face a further judgment of victimisation against them.