Unfair Dismissal and Victimisation: Case summary of Ms Peak Ong v Aberystwyth University (2026)

Ms Ong, a former part-time cleaner, was awarded £264,442.09 after the Birmingham Employment Tribunal found that she was unfairly dismissed and victimised by her employer.

Case Overview

• Claimant: Ms Peak Ong, aged 69 years old at the time of dismissal. She worked 15 hours a week.
• Respondent: Aberystwyth University
• Key Outcomes: Upheld – Unfair Dismissal and Victimisation. Dismissed – Claims of age, race and disability discrimination.
• Total Award: £269,901.07 (including £141,348.33 for future loss of earning and £12,000 for injury to feelings).

More Details

Ms Ong has been employed as a cleaner at the university since 2014. Following a workplace reorganisation in 2017, relations between Ms Ong and her line manager became severely strained. The friction escalated when Ms Ong was accused of buying a student a rick cooker, an applicable banned in the University's residential halls. Ms Ong denied the allegation. In October 2021, Ms Ong and her line manager attended an external private mediation session to mend their working relationship. Shortly after, the manager complained that Ms Ong's behaviour was causing team stress. The University suspended Ms Ong, alleging she breached the confidentiality of the private mediation agreement. After being given a final written warning and failing to secure a different internal role, she was dismissed in May 2022.

The Tribunal's Findings

1. Unfair Dismissal: Employment Judge Dilbaag Bansal ruled that the dismissal was entirely flawed. The mediation was a private agreement facilitated by the University, but the University itself was not a party to it, Ms Ong was never warned that breaching the mediation terms could result in disciplinary action, and the investigation process was heavily criticised e.g. the suspension letter failed to outline the allegations, the process lacked proper explanation and the University failed to hold an appeal hearing.
2. Unlawful Victimisation: After her dismissal, Ms Ong secured a conditional job offer as a night case assistant with Ceredigion Council. When the council requested an employment reference, a University HR Business Partner wrote back stating "Unable to comment – the University remains in dispute with the applicant".

The "dispute" referenced that fact that Ms Ong had launched active Employment Tribunal claims for discrimination.

The Tribunal rules that inserting these unnecessary words constituted a direct discrimination to unlawful victimisation (under section 27 of the Equality Act 2010). Judge Bansal branded the University's handling of the reference as "irresponsible and retaliatory".

Why was the compensation so high?

Ms Ong has secured another job at Ceredigion Council however, because of the University's reference, Ceredigion Council immediately withdrew the job offer. Ms Ong subsequently struggled to secure any other employment.

The Judge concluded that, but for the University's unlawful retaliation, Ms Ong would have successfully taken the council job and remained economically active. Because the University took that away from Ms Ong at age 69, they were held liable for her total future loss of earning for the remainder of her working life.

Key Takeaways for Employers

1. The critical take-away for employers is that retaliatory post-employment actions can trigger ruinous financial liability, even for low-wage employees. The principle of 'grossing-up' to cover payment of income tax on lost earnings all in one go, also adds significantly awards (here over £91,000).
2. Tribunals view vindictive references as unlawful victimisation, and employers must mandate strictly factual references for all employees, without exception or editorial comment.

Although this was a discrimination-type claim in the main, from January 2027 similar awards are a significant risk for employers with unlimited compensation for unfair dismissal.

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