Victimisation by bad reference: dismissed employee awarded £4,827
A former enforcement officer with Asperger's and dyslexia was awarded £4,827 after his ex-employer gave a negative job reference because he had brought disability discrimination proceedings.
1 min read · Last updated 18 May 2026
Case details
- #victimisation
- #bad-reference
- #disability-discrimination
- #unfair-dismissal
- #probationary-period
- #performance-dismissal
- #career-litigant-allegation
Key facts
- The claimant was employed as an Enforcement Officer from 24 September 2019 to 30 July 2020.
- The claimant has Asperger's syndrome and Dyslexia, which the respondent accepted as disabilities.
- The claimant was dismissed during his probationary period for poor performance.
- The respondent provided a negative reference to Staffordshire County Council stating 'dismissed' and 'under investigation' without further detail.
- The tribunal found the reference was influenced by the claimant having brought tribunal proceedings against the respondent.
- The claimant succeeded only on the victimisation claim; all other claims were dismissed.
Timeline
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Employment commenced
Claimant started work as Enforcement Officer for the respondent.
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Two-month probation review
Claimant's performance concerns noted; probation extended and personal improvement plan introduced.
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Four-month probation review
Claimant's accuracy rate was 52.1%; case referred for hearing on future of probation.
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Dismissal meeting
Simone Hines decided to terminate claimant's employment due to poor performance.
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Dismissal confirmed
Claimant's effective date of termination; he lodged a grievance.
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First appeal dismissed
Brent Davis upheld the dismissal decision.
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Second tier appeal dismissed
Council's Appeal Committee upheld dismissal.
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Reference sent to Staffordshire County Council
Jess Bertram completed a reference stating 'dismissed' and 'under investigation'.
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Respondent contacted Elite Security
Solicitor emailed Greg Kelly seeking evidence about claimant's litigation history.
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Liability judgment
Tribunal found victimisation claim succeeded; other claims dismissed.
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Remedy judgment
Claimant awarded £4,827 for injury to feelings and interest.
The legal issue
The tribunal had to decide whether the respondent victimised the claimant by providing a negative job reference because the claimant had brought disability discrimination proceedings against them.
The outcome
The tribunal upheld the claimant's victimisation claim but dismissed all other claims including unfair dismissal, disability discrimination, and harassment.
Key reasons:
- The reference was completed after the claimant had lodged tribunal proceedings.
- The respondent's solicitor also contacted a third party to investigate the claimant's litigation history, showing a retaliatory mindset.
- The reference was limited to 'dismissed' and 'under investigation', which was not a balanced or accurate reflection.
Compensation:
- £4,827 for injury to feelings and interest.
Lessons & takeaways
- Employers must ensure references are accurate, balanced, and not influenced by the employee having brought a claim.
- Investigating an ex-employee's litigation history with third parties can be evidence of victimisation.
- Even a short reference stating 'dismissed' can be victimisation if it is given because of a protected act.
- Claimants should keep records of reference requests and responses to support a victimisation claim.
This case shows how a seemingly routine job reference can land an employer in legal trouble. The former enforcement officer, who has Asperger's syndrome and dyslexia, was dismissed during his probationary period for poor performance. After he brought disability discrimination proceedings, the council provided a reference to a prospective employer that simply stated 'dismissed' and 'under investigation'.
What the employer did wrong
The tribunal found that the reference was not a neutral statement of fact but was influenced by the claimant having brought proceedings. The council's solicitor also contacted a third party to dig into the claimant's litigation history, which further indicated a retaliatory motive. A balanced reference would have included context about the claimant's performance issues and his disabilities.
Why this matters for similar claims
This case is a reminder that victimisation can occur even after employment ends. Employers who give negative references because of a protected act (like bringing a discrimination claim) can be liable. For employees, it shows that a bad reference may be challenged if there is evidence it was retaliatory. The £4,827 award for injury to feelings reflects the distress caused by the reference, though it is modest compared to some discrimination awards.
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