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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Was she dismissed from that job?
Sorry I meant the job where she was accused of stealing?
ok thanks let me get my response ready please
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. However, in your daughter’s case there was no indication at all that she may have been guilty of the allegations and no formal procedure had been instigated at the time.
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.
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.
It can also be defamation but that is very complex and expensive and unrealistic to pursue so she should stick to pursuing it as negligence only
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks
in what respect?
No we do not do that unfortunately, we only discuss your legal position online, what you do after that is up to you. A claim would be submitted in the local county court, you can contact them to get a claim form or for the process. You do not need a solicitor, it is not a requirement and can save you costs if you make the claim yourselves.
You are most welcome
Hi, it would be the general claim form N1 and then you will be pleading a claim for negligence and pursuing compensation for damages incurred as a result of their actions. Try to resolve it directly with the employer first though, advise them what happened, what compensation you require and threaten legal proceedings, then only sue if you cannot resolve it that way. Has this answered your follow up query?