Employers should warn staff of the danger of making inaccurate statements about an ex-employee. It is well-established that an ex-employer has a duty to take reasonable care in the preparation of a reference for an ex-employee. The High Court has now ruled that the duty applies equally where the ex-employer passes on information to a new employer in a different context, even if this is several years later.
In this case the employee obtained a job with a new employer which would involve liaising with the ex-employer. The ex-employer wrote to the new employer refusing to allow the employee onto its premises and supplying inaccurate information about the employee's conduct in his previous job. The Court ruled that the ex-employer was liable in damages for negligent misstatement when the employee lost his new job as a direct result. (McKie v Swindon College, HC)
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