Adverse reference amounted to victimisation and disability discrimination

An ET upholds claims for victimisation and discrimination arising from disability after an employer provides and adverse reference for an ex-employee who had brought a disability discrimination claim.

In Mefful v Citizens Advice Merton and Lambeth Limited, Mefful (M) worked for Citizens Advice (CAM&L) for 8 years. He is disabled, suffering from severe and constant pain to his shoulder and total hearing loss to his right ear.  M had two significant periods of absence during his employment, the first for 2 months due to grief and stress after his partner lost a baby and the second for 63 days due to his disability. M was made redundant. He presented a claim for unfair dismissal and disability discrimination. CAM&L conceded that the dismissal was unfair. An ET upheld M’s claims for victimisation and discrimination arising from disability. This was because of an adverse reference provided by CAM&L relating to a new job M obtained nearly three years after he had been dismissed. Upon receipt of the reference, the new employer had withdrawn the job offer.

The ET found that the employer failed to complete the section on the reference asking whether there was any reason why M should not be appointed to the post. In addition, (i) CAM&L conceded that they had significantly overstated M’s sickness absence by 64.5 days and no credible explanation could be provided; (ii) CAM&L failed to provide any favourable information about M personally or about his performance; and (iii) the person completing the reference held strong negative views about M which had been formed because of his pursuit of ET proceedings. Therefore: firstly, M had been victimised in that he had suffered a detriment because he had brought a disability claim under the Equality Act 2010; and, secondly, disability related absences formed a significant proportion of the absences relied upon to create the impression CAM&L would not reemploy M which was unfavourable treatment arising in consequence of his disability which could not be justified.


This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

Read more

Latest News

Read More

Navigating the summer holidays as a working parent/caregiver

28 July 2025

Culture

28 July 2025

In today’s fast-paced work environment, emotional intelligence (EI) is a must-have skill for HR leaders. It's the key to building stronger relationships, enhancing communication, resolving...

Change Management

26 July 2025

Communicating redundancy proposals is a profoundly challenging task, which directly impacts the lives of those who are leaving. It can also have a ripple effect...

Newsletter

Receive the latest HR news and strategic content

Please note, as per the GDPR Legislation, we need to ensure you are ‘Opted In’ to receive updates from ‘theHRDIRECTOR’. We will NEVER sell, rent, share or give away your data to third parties. We only use it to send information about our products and updates within the HR space To see our Privacy Policy – click here

Latest HR Jobs

Natural Environment Research Council – NERC – Research and Skill Directorate (Discovery Team)Salary: £36,650 per annum. UKRI Band D This provides summary information and comment

Scholars School SystemSalary: £45,000 to £50,000 This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are

Human Resources Manager – Manufacturing – Birmingham We are delighted to represent a prestigious, multinational manufacturing organisation in their appointment of a Human Resources Manager

Job Title: Human Resources Manager Location: Office-based, Palmers Green N13 Job Type: Full-time, Permanent Salary: £40,000 – £45,000 per annum (dependent on experience) Overview We

Read the latest digital issue of theHRDIRECTOR for FREE

Read the latest digital issue of theHRDIRECTOR for FREE