The judgment of the EAT in the case of Bullimore v Pothecary Witham Weld Solicitors serves as a warning to all employers providing references. In that case the EAT concluded that an employer who provides a discriminatory reference is potentially liable for the employee’s loss of earnings where the new or prospective employer (the recipient of the discriminatory reference) victimises the employee as a result of that reference. Employers should therefore exercise caution when providing a reference to ensure that it is drafted in a non discriminatory way.