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References: No breach of duty of care in giving reference mentioning unproven misconduct charge

This report relates to 1 case(s)

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    Bartholomew v London Borough of Hackney [1999] IRLR 246 CA (0 other reports)

An employer did not act in breach of its common law duty of care in providing a reference for a former employee which stated that, when he had taken voluntary severance, he was suspended from work because of a charge of gross misconduct, but that disciplinary proceedings had lapsed automatically when his employment terminated, holds the Court of Appeal in Bartholomew v London Borough of Hackney 1 [1999] IRLR 246. The reference in this case contained factually accurate statements and, more importantly, gave a fair and valid impression overall. Although the charge of gross misconduct was unproven, the employer might have failed in its duty not to be unfair or misleading towards the recipient of the reference if it had omitted all reference to the employee's suspension.