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2. Charity has worked for four years as a senior architect for an architect company, Sharp Edge (‘SE’). Her work has attracted prestigious awards and her professional profile has been featured in a highly-regarded architecture catalogue. SE is proud of Charity and pleased of her work which has significantly increased their profile – in fact, clients ask for their properties to be designed by Charity. The company’s office manager has noticed that Charity arrives to the office giddy and suspects she has a drink at lunchtime which is against the company rules. There have been complaints from other colleagues that Charity is disruptive and loud in the office and is unwilling to assist her colleagues in group projects, instead focusing on her own work. These complaints have never been raised with Charity. Charity has been head-hunted by another international architect company, Steel and Water (‘SW’), on the condition they receive a satisfactory reference from SE. SE’s Chief Executive Officer publically expressed disappointment that Charity was leaving but said that they would provide a reference. SE’s reference said:

“I suspect Charity drinks alcohol at lunchtime. Her colleagues do not regard her to be a team player and there have been complaints about her disruptive behaviour in the office”.

SW have withdrawn their offer of employment which they said was because of the reference which they showed Charity. Charity is angry about the reference and asks for your advice. Using relevant case law advise Charity of her employment rights. Assume Charity is an employee.