Most HR teams have clear processes for managing discrimination risk during employment. Far fewer have an equally clear protocol for what happens after the relationship ends – and that gap can be costly.

The reference trap

References are the most obvious danger area. Ong v Aberystwyth University [2025] resulted in a compensation award exceeding £260,000 after a reference disclosed the existence of tribunal proceedings, causing a conditional job offer to be withdrawn. The Tribunal described the conduct as “irresponsible and retaliatory”. The lesson is unambiguous: references provided after litigation or discrimination complaints must never reference disputes, proceedings, or grievances. The content should be factual, objective and limited to matters that would apply to 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.

About Jon Dunkley

Jon Dunkley is a Partner at Wollens and heads up the firm’s Regulatory Department. Based at our North Devon office, Jon is a highly experienced solicitor with a broad commercial and regulatory practice, supporting businesses, professionals and senior employees across a wide range of legal issues.

Speak to Jon Dunkley

Jon is a Partner at Wollens and can advise you. Contact Jon via email jon.dunkley@wollens.co.uk or call 01271 341021.

Jon Dunkley - Wollens Solicitors Devon

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