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Employers Now Liable for False Statements About Former Employees- 24/05/2011
Employers now have to take care when commenting in any situation about former employees, or risk being liable for damages if they get it wrong, according to a leading Wolverhampton employment solicitor.
Tracy Worthington, Partner and Head Employment Department at FBC Manby Bowdler LLP, says that a recent court decision means that employers can now be punished not just for giving false references, but for getting any statement wrong about former employees.
In a case against Swindon College, former employee Mr McKie was an exemplary employee of the College and received a fine reference when he left. Six years later he joined Bath University. His new job involved contact with his old employer, Swindon College. The new HR Director of Swindon College, caused an email about Mr McKie to be sent to Bath University in damaging terms. On the facts the court found this was ‘fallacious and untrue’ and its preparation ‘sloppy and slapdash’, but it cost Mr McKie his job at the university.
“Despite the fact that Mr McKie had not worked for Swindon College for six years, this ruling extends the law that employers have a duty of care to former employees to be accurate and factual in references to all other communications,” says Mrs Worthington.
“Swindon College was negligent in sending this email containing untrue facts. As a result Mr McKie suffered financial damage by losing his job with the university, a situation which was eminently foreseeable by the college.
“Keeping and retaining accurate written records and using these to ensure that any communication about former employees is true and fair is the basis for good employment practice,” concludes Mrs Worthington.