What happens after employment has ended?

The legal duty on the employer not to victimise does not end just because the employment has ended. For example, if employers normally provide ex-employees with references, they must provide them for all, including those who may have raised discrimination issues.

It does not matter how much time has passed since the date of the “protected act”. Instead, what matters is that the poor treatment (for example, refusal of a reference) happens because of the protected act.

For example, a worker’s former employer refuses to give them a reference because they supported someone else’s claim for sexual harassment. This would almost certainly be victimisation (EHRC website: Advice and Guidance, Worker guidance www.equalityhumanrights.com/advice-and-guidance/guidance-for-workers).