0370 270 6000

Be careful what you say about former employees

9 May 2011

Employers have long been liable to employees for financial loss caused by an inaccurate reference. In McKie v Swindon College the High Court has extended the principle beyond the giving of a reference.

His new job at Bath City College brought Mr McKie in to contact with his former employer, Swindon College. Swindon gave him a glowing reference when he left in 2002 but in 2008 Swindon’s HR manager wrote an email to his opposite number at Bath saying they wouldn’t accept Mr McKie on their premises as there were safeguarding concerns about him.

The Court described the email as “largely fallacious and untrue.” Bath summarily dismissed Mr McKie as a result of the email and, as a result of the court’s decision, will be able to recover his financial loss from Swindon.

Related opinions

Long covid and whether this amounts to a disability

The recent Employment Tribunal decision in Mr T Burke v Turning Point Scotland, Case no.4112457/2021 found that long-Covid amounts to a disability.

View blog

Bill to establish an “Office of the Whistleblower”

Baroness Kramer has now introduced the Protection of Whistleblowing Bill as a Private Members’ Bill, starting in the House of Lords.

View blog

New mothers suffer a cumulative loss of income of £66,434 over the following decade

Independent think-tank, the Social Market Foundation (“SMF”), has launched a cross-party parliamentary commission on childcare and its implications for mothers.

View blog

New rules for Fit Notes

Where employees are absent from work due to sickness for more than 7 days, they need to provide reasonable medical evidence in respect of that absence for statutory sick pay purposes – this is most frequently satisfied through the provision of a Statement of Fitness for Work, otherwise known as a Fit Note.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up