References: Landmark Judgment Gives Greater Protection to ex-Employees

A disabled man has won a landmark Law Lords ruling, giving him the right to challenge a negative reference provided by his ex-employer. Mr Kirker has not been able to find work since 1997 when he successfully sued British Sugar for disability discrimination.

The Court ruled that Nick Kirker and other disabled people can now legally challenge the discrimination or victimisation they claim they face from former employers. The Disability Rights Commission supported Mr Kirker and three other disabled people - who have similar claims against previous employers.

Mr Kirker, who is visually impaired, is challenging a reference by his former employer which indicated they would not re-employ him. He claims the reference was unfair and inaccurate because it said he had previously taken the company to a disability discrimination tribunal and won.

The four cases were first heard in the Court of Appeal in February 2002 alongside race and sex discrimination cases. However, the judge gave leave for appeal to the House of Lords on the point of whether discrimination, or victimisation, is covered by the Disability Discrimination Act 1995 (DDA) after employment ends. This is the first time a case taken under the Disability Discrimination Act has been heard in the House of Lords.

Bert Massie, Chairman of the DRC said: "This is a clear victory because it strengthens the rights of disabled people under the Disability Discrimination Act. The Lords' ruling means that the retaliation of a former employer against a person claiming disability discrimination can now be challenged in the courts. Without legal protection, the fear of reprisal will have discouraged many disabled people from challenging workplace discrimination."

In March 1997 Nick Kirker was made redundant form his job as a chemist but took British Sugar to a disability discrimination tribunal. He won his case and was awarded £160,000 - the highest award under the disability employment legislation at that time. In August 1999 he applied for a job as a warehouse assistant through a personnel agency. He claims he was not given the job on account of his reference from British Sugar.
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