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Diana Woodward v Abbey National Plc

The Court of Appeal was not bound to follow the decision in Fadipe v Reed Nursing Personnel [2001] EWCA Civ 1885; [2005] ICR 1760 as that decision was inconsistent with the approach of the House of Lords in Relaxion Group Plc v Rhys-Harper [2003] UKHL 33; [2003] 4 All ER 1113. The protection of an employee from any detriment done to him in retaliation for his or her sex, race, disability or whistle-blowing was a concept that was common to the Sex Discrimination Act 1975, Race Relations Act 1976, Disability Discrimination Act 1995 and Employment Rights Act 1996 and the protection extended to events occurring after the employment had terminated.

30 June 2006

The appellant former employee (W) appealed against the decision of the Employment Appeal Tribunal to uphold the employment tribunal’s decision to dismiss her claims against the respondent former employer (X) brought under s 47B of the Employment Rights Act 1996, on the basis that both tribunals were bound by the Court of Appeal decision in Fadipe v Reed Nursing Personnel [2001] EWCA Civ 1885; [2005] ICR 1760. W had claimed under s 47B of the 1996 Act that, following the termination of her employment, she had been subjected by X to a detriment because she had made a protected disclosure during her employment with X. The EAT determined that it was bound by Fadipe, as the case had also dealt with a detriment under Part V of the Employment Rights Act 1996, whereas the House of Lords decision in Relaxion Group Plc v Rhys-Harper [2003] UKHL 33; [2003] 4 All ER 1113, which had not overruled Fadipe, was concerned with post-termination victimisation unde...

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