Thanks to everyone for their comments - obviously not what we wanted, but this has certainly helped us look at plan B and take a different route to what we originally intended.... Thanks again!

Hi SarEl The disciplinary did not happen - not sure if this changes anything? It was initially postponed then cancelled when she was signed off past her 'leaving date'....

Hi HB, thanks for the reply.... Her resignation was not simply to avoid any action - there were other issues, however she was employed for under a year so her position was not secure in terms of any appeal (we have already taken legal advice on this). Did she do it? Possibly - there is no clear policy to ascertain guilt and no indication that any other employee's email usage was monitored. In the absence of clearly defined guidelines I cannot understand how someone could be proven to be in breach...? It seems she was very much singled out and her old boss has made this very personal - no other references are dealt with at her level - they are all processed by administrators - her boss has personally intervened specifically to harm my wife's reputation and now her employability and income....

My wife's previous employer has provided a bad reference which has cost her her current job (escorted from the building last night!). At the previous job, my wife was sent notice that she was to attend a meeting in respect of alleged email abuse and would be suspended in the meantime. She resigned immediately as this was the last straw! Before any meeting took place, she was signed off sick by her GP for stress and never returned to work as she was signed off for the duration of her notice period. When her latest employer requested a reference, it confirmed she was under investigation for gross misconduct at the point the employment was terminated..... Given no formal meetings took place and my wife did not get the opportunity to represent/defend herself can the employer legally offer this kind of information? Is this a breach of DPA? Breach of employment law?? HELP! Regards.... Gav