although the Courts have interpreted the anti-discrimination legislation in a way which means that a sex, race or disability discriminatory act done by an employer can be unlawful even if it was done after the employee's employment has ended, the same interpretation cannot be given to the parts of employment legislation which protect whistle-blowers from being subjected to a detriment.

Thus, for example, an employer who, after employment has ended, gives an employee a bad reference because she had complained about being sexually harrassed can be held to account by the ex-employee. But the employer could not be held to account if the reason for the bad reference was that the employee had complained about a breach of health and safety regulations.

editor's note:
This decision is no longer good law. It was overruled by the Court of Appeal in 2006 in the light of the House of Lords decision in Rhys-Harper v Relaxion Group plc HL 2003 (see Woodward v Abbey National plc CA 2006 EWCA Civ 822 on 22nd June 2006).

For relevant general notes see References for former employees/post-employment discrimination and/or Whistleblowing/a general note .