| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 108 (May) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Dame Elizabeth Butler-Sloss P, Mummery and Rix LJJ |
| Representation | Witold Pawlak (instructed by David Yablon Minton & Ellis, Bradford) for the claimant. |
| David Griffith-Jones QC (instructed by Lawfords ) for the defendant. | |
| Judgment Dates: | 9 May 2001 |
Catchwords
Negligence - Duty to take care - Employer - Employee resigning under settlement with employer including agreed reference ||Damaging oral and written references given by employer to subsequent employers - Whether employer in breach of duty to take care.
The Case
On the facts of the instant case, the judge had been entitled to conclude that the defendant had been in breach of the duty to take care in giving references in circumstances where it had given oral and written references to subsequent employers to the effect that the claimant had been suspended for serious matters of dishonesty, when in fact the employee had resigned before pending disciplinary investigations had been completed.
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