Question
explain simpler terms Testimonials and references
An employer is under no obligation to provide testimonials or references to employees. An
employer who issues a testimonial or reference is subject to the rules of negligence. He owes a
duty of care to the former employee and potential employer not to cause injury to them. The
future employerwho suffers loss may sue for reliance loss: Hedley Byrne v Heller and
Partners43and the former employee can sue for injury to reputation if he can show malice on the
part of the employer. For example in Spring v Guardian Insurance44 the employer used
unflattering language to describe the employee in a reference. It was held that even if he honestly
held the negative view of the employee he had been negligent and had breached the duty of care
that by law he was under.
An employer is under no obligation to provide testimonials or references to employees. An
employer who issues a testimonial or reference is subject to the rules of negligence. He owes a
duty of care to the former employee and potential employer not to cause injury to them. The
future employerwho suffers loss may sue for reliance loss: Hedley Byrne v Heller and
Partners43and the former employee can sue for injury to reputation if he can show malice on the
part of the employer. For example in Spring v Guardian Insurance44 the employer used
unflattering language to describe the employee in a reference. It was held that even if he honestly
held the negative view of the employee he had been negligent and had breached the duty of care
that by law he was under.
Answers
GPT-4o mini
**Testimonials and References Explained Simply:**
1. **What Are They?**
- Testimonials and references are statements or letters from an employer about a former employee's work performance.
2. **No Requirement to Give Them:**
- An employer is not required to provide these testimonials or references when an employee leaves.
3. **Responsibility (Duty of Care):**
- If an employer does provide a reference, they must be careful not to create problems for the former employee or their new potential employer. This is called having a "duty of care." If their reference is careless or misleading, they could be held responsible for any harm caused.
4. **Possible Legal Actions:**
- A future employer might sue the previous employer if they suffer financial loss because of a bad reference (based on a legal case known as **Hedley Byrne v Heller and Partners**).
- The former employee can also take legal action if they believe the employer acted maliciously or unfairly (using another legal case, **Spring v Guardian Insurance**, as an example). In that case, the employer gave an unflattering description of the former worker, and it was ruled that even if the employer truly believed that view, they were still negligent because they should have given a fair reference.
In summary, while employers don’t have to give references, if they choose to, they must be careful to avoid causing harm to their former employees.
1. **What Are They?**
- Testimonials and references are statements or letters from an employer about a former employee's work performance.
2. **No Requirement to Give Them:**
- An employer is not required to provide these testimonials or references when an employee leaves.
3. **Responsibility (Duty of Care):**
- If an employer does provide a reference, they must be careful not to create problems for the former employee or their new potential employer. This is called having a "duty of care." If their reference is careless or misleading, they could be held responsible for any harm caused.
4. **Possible Legal Actions:**
- A future employer might sue the previous employer if they suffer financial loss because of a bad reference (based on a legal case known as **Hedley Byrne v Heller and Partners**).
- The former employee can also take legal action if they believe the employer acted maliciously or unfairly (using another legal case, **Spring v Guardian Insurance**, as an example). In that case, the employer gave an unflattering description of the former worker, and it was ruled that even if the employer truly believed that view, they were still negligent because they should have given a fair reference.
In summary, while employers don’t have to give references, if they choose to, they must be careful to avoid causing harm to their former employees.