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13 June 2013 / Sejal Raja
Issue: 7564 / Categories: Features , Employment
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Lawful victimisation?

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Sejal Raja provides an update on post-employment victimisation protection

Section 27 of the Equality Act 2010 (EqA 2010) provides that victimisation occurs where “a person (A) victimises another person (B) if A subjects B to a detriment because: B does a protected act; or A believes that B has done, or may do, a protected act. Additionally, s 108 of EqA 2010 deals specifically in circumstances where the employment relationship has ended and provides: "(1) A person (A) must not discriminate against another (B) if: (a) the discrimination arises out of and is closely connected to a relationship which used to exist between them; and (b) conduct of a description constituting the discrimination would, if it occurred during the relationship, contravene this Act. (2) A person (A) must not harass another (B) if: (a) the harassment arises out of and is closely connected to a relationship which used to exist between them; and (b) conduct of the description constituting the harassment, if it occurred during the relationship, contravene this Act...(7) But conduct is not a

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