Employment Lawyers Can Answer Your Employment Law Questions
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Whilst there is no legal obligation on employers to provide a reference for past employees, if they choose to do so they will automatically owe them a duty to take reasonable care in its preparation. This requires the employer to be accurate in the contents of the reference and ensure it is based on facts, rather than just personal opinion.
Certain principles have been established through case law over the years and the main points can be summarised as follows:
1. In the case of Bartholomew v London Borough of Hackney the employer provided a reference which contained details of disciplinary proceedings which were pending at the time the employee left. The court decided that the employer had not breached its duty of care by providing such a reference as it would have a duty to provide a reference that is true, accurate and fair and does not present facts so as to give a misleading impression overall. Therefore, if the employer had not included details of the disciplinary proceedings it would have failed in its duty to the prospective employer to provide a reference that was not unfair or misleading.
2. In the later case of Cox v Sun Alliance Life Ltd the employer provided a reference that contained details of an employee's alleged misconduct. However, they did not properly investigate these before providing the reference and the employee challenged the information in it. The court decided that an employer will be negligent in providing a reference that refers to an employee’s misconduct unless the employer had carried out an investigation and had reasonable grounds for believing that the misconduct had taken place. This can be applied to other matters forming part of a reference, not just issues of misconduct.
So if it is obvious that incorrect facts have been relied on, the contents are false or misleading, there may be a potential case for negligence against the employer and this matter could be taken further by seeking compensation in the county court for any damages caused. You cannot seek compensation for emotional distress and can only pursue them for actual losses incurred.
I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you
Ok thanks can I seek compensation for deformation of character?
Can I seek compensation for deformation of character?
this is very expensive and complex to pursue, you re looking at spending thousands just to bring the claim to the courts - best not to go down that route
I now have to travel a 100 miles to work every day as I can no longer work within devon and I have done nothing wrong it seems unfair that I am unable to seek any financial compensation
I did not say you cannot seek compensation? You can for loss of earnings if you can show that the reference mad you miss out on a job for example
Ok I see . Well the reference has lost me 3 job opportunities so far
that is what you can claim for but it would be the difference of that job and the current one you hold
Ok thank you that has been really helpful
you are most welcome