References

Reference requests and references must not discriminate, either directly or indirectly. Employers will breach the EA 10 if they refuse to supply a reference, or give a bad reference, because someone has made a complaint about discrimination. This is victimisation (see Chapter 6). Protection from victimisation continues after the employment has ended (Jessemey v Rowstock Limited [2014] EWCA Civ 185).

Withdrawing a post or denying an interview because someone complained about discrimination in their last job is also victimisation (Das v Ayrshire & Arran Health Board [2015] UKEATS/0021/14/SM).