Employers’ liability for employee references under the law of tort

Abstract

PurposeThis study aims to critically review new developments in the law of tort dealing with employee references.Design/methodology/approachThe author analysed various sources including statutes, articles and case law to determine current position. This paper will consider new developments in the law of tort dealing with employee references. The real issue for an employee arises when an employer or their manager provides them or their prospective new employer with an employment reference about them that is untrue or misleading. The impact on the employee might be that they lose a job opportunity and/or suffer damage to their reputation. In these circumstances, the subject of the reference currently has legal redress under the law of tort under both common and statute laws. This paper will concentrate on analysing the legal redress available under the law of tort and critically review this legal process in light of recent legal decisions and other legal developments. There have been various statutory developments in the area of tort which could apply here that they have resulted in the scope for a legal action being considerably limited. These have been highlighted. Also, recent cases have presented obstacles to future claims being brought in certain circumstances and these have been analysed.FindingsThe outcome of this is that pursuing a claim under the law of tort more has been made more difficult for the employees affected and accordingly is less likely to be successful. This is clearly a serious issue that deserves recognition and possibly changes in the law. A conclusion which this article supports.Originality/valueTo the best of the author’s knowledge, little has been written on this topic to date, so this paper will fill a serious void.