Spring v Guardian Assurance [1994] UKHL 7

References: New High Court guidance on giving a negative opinion about former employees

Fudia Smartt and Daniel Stander give advice on how to write a reference in light of a recent High Court ruling on employers’ duty to be fair and not to mislead ‘The parties disagreed about the nature of the duty on a referee whose reference goes beyond statements of fact and includes negative opinions formed …

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References: Honesty is the best policy

A Court of Appeal decision has reinforced the principle that employers should not be prevented from providing a negative reference for ex-employees as long as it is true, accurate and fair, explains Sarah Ozanne ‘The duty of care by the ex-employer is to use reasonable care and skill in ensuring the accuracy of any facts …

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Negligent Misstatement: Careless talk costs trials

Employers need to be cautious when discussing ex-employees, even outside formal references, warns Naomi Greenwood ‘The facts in McKie v Swindon College [2011] were not covered by any existing authority and the judge therefore needed to consider whether the legal principles contained in the line of authorities could be extended to a different factual situation …

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