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Employment Law Newsletter - Autumn 2006 |
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Page 7 of 9 Whistle-Blowing: Protection applies post-termination Depending on the working relationship between an employer and ex-employee, the employer may be very reluctant to provide a reference of any kind. However, in line with the provision set out in Woodward v Abbey National plc, it would appear that Tribunals are ensuring that employees do not suffer any detriment, as a result of the unreasonable conduct by the former employers. Part of this case centred on the failure by Abbey National to provide a reference when the claimant sought a position 10 years after her employment had ended with them following an allegation of whistle-blowing. Practical impact: Ex-employees may suffer a post-employment detriment, if for example, an unfavourable reference is given or a reference is refused. Whilst the case concerned a refusal to issue a reference in a sector where an employee would not be able to gain alternative employment without one. It raises important questions as to whether a failure to provide a reference will soon be deemed a detriment in other sectors of work.
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