Bad references

A recent decision of the Employment Appeal Tribunal reminds employers that providing an unfavourable reference, or no reference at all, in response to an (ex-)employee’s allegations of discrimination is not only unlawful victimisation, but can result in a substantial claim for loss of future earnings.  In Bullimore v Pothcary Witham Weld Solicitors a job offer was withdrawn on receipt of a refernce.  It was decided that even if the potential new employer was itself responsible for victimisation by withdrawing a job offer, this does not let the provider of the reference off the hook.  The Tribunal will look carefully to see who is to blame even if that means apportioning responsibility.