header-logo header-logo

Gone but not forgotten

Do employers owe a duty of care to ex-employees, ask Michael Salter
& Chris Bryden

Implied into every contract of employment is a mutual duty of trust and confidence between the employer and the employee. One aspect of this duty is that where an employer agrees to provide a reference for their employee such reference will be fair and reasonable. A breach of the duty of mutual trust and confidence will entitle that employee to resign and claim constructive dismissal.

Obligations to ex-employees

The ending of an employment relationship does not necessarily mean that the ex-employer’s obligations to their ex-employee have ended. For instance an ex-employer is likewise not obliged to give a reference for an ex-employee. However in many situations, one will be provided. There are risks however in so doing, even after the ending of the employment relationship. Readers will be familiar with the House of Lords’ decision in Spring v Guardian Assurance plc    [1994] 3 All ER 129, [1994] ICR 596, where their lordships, in a majority decision (Lord Keith dissenting),

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll