Former worker wins victimisation ruling over negative reference

Herald Series: Former worker wins victimisation ruling over negative reference Former worker wins victimisation ruling over negative reference

EMPLOYERS who unfairly give former employees bad references could face damages claims in the wake of a ruling regarding an Oxfordshire man.

On Wednesday three appeal judges ruled in favour of car body repairer Pat Jessemey, who had worked in a car sales and repair business in Rowstock, near Didcot until three years ago.

Mr Jessemey, 69, from Didcot, said his former boss at Rowstock Ltd gave him a bad reference because he had complained about age discrimination and launched unfair dismissal proceedings.

An employment tribunal concluded that the bad reference was given because Mr Jessemey pursued discrimination proceedings.

But it ruled that “post-employment victimisation” was not unlawful under the 2010 Equality Act, and that ruling was upheld by an employment appeal tribunal. However, the Court of Appeal disagreed and allowed an appeal by Mr Jessemey. It concluded that equality legislation catered for “post-employment victimisation” and judges said an employment tribunal should assess how much compensation Mr Jessemey should receive.

The father-of-two and grandfather, who lives with wife Linda, added: “I’m pleased with the ruling and I hope it helps other people. I haven’t retired yet – I now work for a medical firm in Didcot.”

Related links

Rowstock Ltd director Joe Davis was unavailable for comment.

Comments (2)

Please log in to enable comment sorting

9:29am Fri 28 Feb 14

Andrew:Oxford says...

Not a surprise.

It's been the policy of many large firms for at least a decade to give only a very basic reference confirming dates of employment and job title at exit in a reference.
Not a surprise. It's been the policy of many large firms for at least a decade to give only a very basic reference confirming dates of employment and job title at exit in a reference. Andrew:Oxford

6:51pm Tue 11 Mar 14

faatmaan says...

what's the point of a reference if it is not truthful, rose tinted glasses should not be he norm, imagine a small business being lumbered with a duffer, this case also highlights the absurd situation with regard to age discrimination, how do firms shed elderly employees and make room to hire young trainees, at present it is a no win situation.
what's the point of a reference if it is not truthful, rose tinted glasses should not be he norm, imagine a small business being lumbered with a duffer, this case also highlights the absurd situation with regard to age discrimination, how do firms shed elderly employees and make room to hire young trainees, at present it is a no win situation. faatmaan

Comments are closed on this article.

click2find

About cookies

We want you to enjoy your visit to our website. That's why we use cookies to enhance your experience. By staying on our website you agree to our use of cookies. Find out more about the cookies we use.

I agree