References – how to avoid a post-employment victimisation claim

Many HR teams have clear processes for managing discrimination during employment. Far fewer have an equally clear protocol for what happens after the relationship ends.  This is where costly errors can occur.

Ong v Aberystwyth University

References can be a danger trap.  In Ong v Aberystwyth University [2025], the tribunal awarded compensation of over £260,000 after a reference revealed the existence of tribunal proceedings, causing a conditional job offer to be withdrawn. It described the conduct as “irresponsible and retaliatory”. The lesson is clear: references provided after litigation or discrimination complaints must never refer to disputes, proceedings, or grievances. The content should be factual, objective and limited to matters that would apply to any former employee.

5 practical recommendations for HR

We recommend the following measures if a former employee has raised a discrimination complaint or brought tribunal proceedings:

1. References: route all references through HR or legal and don’t ask the line manager or anyone involved in any proceedings to provide it
2. Content: confine references to facts: dates of employment, job title and, where appropriate, job performance – nothing more
3. Internal communications: treat correspondence with the former employee with the same objectivity you would apply during live employment. Any resentment expressed in writing creates evidence
4. Escalation: any request for a reference, regulatory report or other communication relating to a former employee involved in proceedings should be checked with legal or HR before it goes out
5. Training: ensure managers understand that the Equality Act 2010 does not switch off after an employee has left

Post-employment claims are often preventable. A clear protocol, applied consistently, is the most effective safeguard available.

Further reading

• Providing a job reference – ACAS
• Equality Act 2010 – GOV.UK
• Discrimination – Know your rights – UK Government
• Discrimination and the Law – ACAS