Bad reference

I left my previous employment after bringing a claim of race discrimination and was offered a new job, subject to satisfactory references. I have now heard that the offer of employment has been withdrawn, and I think my old employers gave me a bad reference because I had brought a claim against them. Can I do anything about it now that I am no longer employed by them?

If you can show that your former employers gave you a bad reference because you had brought a claim of race discrimination, that would amount to victimisation under the Race Relations Act 1976 and you could make a claim against them.

The Act was amended in 2003 to cover acts of discrimination that happen after the employment has ended, as long as the discrimination or harassment is a result of your employment. At around the same time, the House of Lords also decided that this was possible under the existing Act.

You can therefore still bring a claim against your former employers, even though you are no longer employed by them

* More information: LRD booklet, Discrimination at work - a legal guide; Rhys-Harper v Relaxion Group plc [2003] IRLR 484