All items: Duty of care

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  Baker v Kaye [1997] IRLR 219 HC (1 report relating to this case)

  • Recruitment: Company doctor owed duty of care to prospective employee

    Date:

    15 May 1997

    A doctor retained by a company to carry out pre-employment medical assessments of its prospective employees owed a duty to one of them to take reasonable care in carrying out his assessment, and in arriving at a judgment as to whether or not to recommend the prospective employee for employment, holds the High Court in Baker v Kaye.

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  Bartholomew v London Borough of Hackney [1999] IRLR 246 CA (1 report relating to this case)

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

    Date:

    15 July 1999

    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.

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  Cox v Sun Alliance Life Ltd [2001] IRLR 448 CA (1 report relating to this case)

  • References: Reference giver's duty of care where employee left while suspected of dishonesty

    Date:

    1 July 2001

    In Cox v Sun Alliance Life Ltd, the Court of Appeal holds that an employer was, through one of its employees, in breach of its duty to take reasonable care to provide an accurate and fair reference for a former employee, who resigned before the employer had completed pending disciplinary proceedings involving investigations into allegations of misconduct.

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  Dike v Rickman and another [2005] All ER (D) 279 (Nov) HC (1 report relating to this case)

  • Case round-up: References

    Date:

    10 January 2006

    This week's case round-up from Eversheds, covering references.

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  Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465 HL (1 report relating to this case)

  • Hedley Byrne & Co Ltd v Heller & Partners Ltd

    Date:

    31 December 1964

    In Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465 HL, the House of Lords held that the combined actions of two innocent employees could amount to negligent misrepresentation.

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  Jackson v Liverpool City Council [2011] IRLR 1009 CA (2 reports relating to this case)

  • References: Reference raising unsubstantiated concerns not unfair

    Date:

    6 May 2012

    In Jackson v Liverpool City Council [2011] IRLR 1009 CA, the Court of Appeal held that a reference that raised unsubstantiated concerns about an ex-employee's performance was not unfair.

  • Court of Appeal finds reference containing unsubstantiated allegations not unfair

    Date:

    26 September 2011

    The Court of Appeal has held that a reference raising unsubstantiated concerns about an ex-employee's performance was not unfair. 

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  Kapfunde v Abbey National plc and Daniel [1998] IRLR 583 CA (1 report relating to this case)

  • Recruitment: Employer's doctor owed no duty of care to prospective employee

    Date:

    1 December 1998

    A doctor retained by an employer to carry out medical assessments of its prospective employees owes no duty of care to those prospective employees in carrying out and reporting the conclusions of such assessments to the employer, holds the Court of Appeal in Kapfunde v Abbey National plc and Daniel.

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  Kidd v Axa Equity & Law Life Assurance Society plc and another [2000] IRLR 301 HC (1 report relating to this case)

  • Kidd v Axa Equity & Law Life Assurance Society plc and another

    Date:

    1 May 2000

    In Kidd v Axa Equity & Law Life Assurance Society plc and another [2000] IRLR 301 HC, the High Court held that the duty of care in respect of the provision of references extends to taking reasonable care not to give misleading information.

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  Lawton v BOC Transhield Ltd [1987] IRLR 404 HC (1 report relating to this case)

  • Negligence: High Court recognises liability for negligent references

    Date:

    4 August 1987

    In Lawton v BOC Transhield Ltd the High Court rules that an employer owes an ex-employee a duty of care when giving a reference to a prospective employer. But the court holds that the defendant company was not negligent in the particular circumstances as there was ample evidence to support the opinions expressed in the reference.

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  Legal & General Assurance Ltd v Kirk [2002] IRLR 124 CA (1 report relating to this case)

  • Legal & General Assurance Ltd v Kirk

    Date:

    1 February 2002

    In Legal & General Assurance Ltd v Kirk [2002] IRLR 124 CA, the Court of Appeal held that a case based on negligent misstatement must involve a statement, such as a reference, to a third party. It ruled that the duty to take reasonable care in preparing references does not extend to cover a situation in which no negligent reference has in fact been given.