Avoiding post-employment victimisation claims

Most HR teams have clear processes for managing discrimination risk during employment. Far fewer have an equally clear protocol for managing those risks once the employment relationship has ended, and that gap can be costly.

In this article, we examine the risks of post-employment discrimination, the legal pitfalls surrounding employment references, and the practical steps HR teams can take to reduce the risk of costly claims.

The reference trap

References are often the most significant source of post-employment risk. In Ong v Aberystwyth University (2025), a former employee was awarded more than £260,000 in compensation after a reference disclosed the existence of tribunal proceedings, leading a prospective employer to withdraw a conditional job offer. The tribunal described the University’s conduct as “irresponsible and retaliatory”. The message for employers is clear: references provided following litigation or discrimination complaints should never refer to disputes, grievances or legal proceedings. Instead, they should remain factual, objective and limited to information that would be provided for any former employee.

Practical steps for HR

The following measures should form part of any HR protocol where a former employee has raised a discrimination complaint or brought tribunal proceedings:

• References: remove the decision entirely from any line manager or individual involved in the dispute; route all references through HR or legal
• Content: confine references to dates of employment, job title and, where appropriate, job performance – nothing more
• Internal communications: treat correspondence with the former employee with the same objectivity you would apply during live employment; resentment expressed in writing creates evidence
• Escalation: any request for a reference, regulatory report or other communication relating to a former employee involved in proceedings should be escalated before it goes out
• Training: ensure managers understand that the Equality Act does not switch off at termination

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

Here to help

Our Employment team at Longmores helps employers manage post-employment risks, including references, former employee communications and procedures for reducing the risk of victimisation claims.

If you need advice on handling references or communications involving former employees, please contact Richard Gvero, Senior Partner and Head of Employment.

Please note, the contents of this article are provided for information only and must not be relied upon. Legal advice should always be sought in relation to specific circumstances.