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These pages do not apply outside the United Kingdom.
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[2003] 4 All ER 1113, House of Lords, June 2003
The House of Lords reversed the Court of Appeal's decision that the DDA did not protect employees where the events complained of take place after the employment relationship ended.
This consolidated appeal dealt with four disability cases, as well as sex and race discrimination cases. The disability cases related to alleged victimisation because the applicant had previously made an application to an employment tribunal. In three of these cases the alleged victimisation related to the provision of a reference after the termination of the employment. The fourth case related to a refusal to return property after dismissal.
The EAT and Court of Appeal held that there was no DDA claim as the employment had ended before the alleged victimisation occured.
Held by House of Lords: the claims could be considered even though the conduct was after the termination of the employment. It would make no sense to draw an arbitrary line at the moment when the contract of employment ended. This applied whether the conduct was discrimination or victimisation.
The full judgment is available on the UK Parliament website. A DRC Press Release (link to DRC website) (20/6/03) is available.
It is difficult to draw from the case a definitive test as to how closely the discrimination/victimisation must relate to the employment. New rules from 1st October 2004 clarify the position as from that date, stipulating that post-termination discrimination can be unlawful where the act of discrimination "arises out of and is closely connected to" the employment or other relationship.
The question whether the reasonable adjustment duty under s.6 DDA continues after termination of the contract is a separate issue and was left open by the House of Lords. However, again the new rules will resolve this from October 2004 - reasonable adjustments following the end of the employment relationship will be required in relation to any matter arising out of the relationship.
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Last updated 16th April, 2004
