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International Journal of Law and Management: Employers’ liability for employee references under the law of tort
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Abstract
Purpose – This study aims to critically review new developments in the law of tort dealing with employee
references.
Design/methodology/approach – The 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.
Findings – The 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/value – To the best of the author’s knowledge, little has been written on this topic to date, so
this paper will fill a serious void.
Sam Middlemiss - Personal Name
NONE
Text
ENGLISH
EMERALD INSIGHT
2023
ENGLAND
JURNAL ILMU HUKUM
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APA Citation
Sam Middlemiss. (2023).International Journal of Law and Management:
Employers’ liability for employee
references under the law of tort.(Electronic Thesis or Dissertation). Retrieved from https://localhost/etd