Employers Liability for Employee References and Victimisation

This article will consider the legal rules that apply to employee references and victimisation as defined by section 27 of the Equality Act 2010. An employer will often victimise his employee by refusing to give her a reference or giving her an unfair reference because she brought a discrimination claim against him or she supported a colleague in bringing a discrimination complaint against him (i. e. by giving evidence on the colleague's behalf) when she was employed. If an employee is disadvantaged in this way, this can amount to victimisation. In analysing this area of law, various legal decisions will be considered that illustrate how this law has developed. Also a critical review of the statutory provisions dealing with victimisation and post-employment discrimination in the United Kingdom and the United States will be undertaken. This article represents a comprehensive analysis of the legal rules dealing with this topic and highlights areas for change.