In McKie v Swindon College  IRLR 575 HC, the High Court held that an employer was liable for a former employee's loss as a result of negligent misstatements made about him to a subsequent employer, even though those statements were not made in a reference.
The High Court has held that a college was liable to a former employee for negligent misstatement when, six years after his departure, it sent a derogatory email to his new employer that led to his dismissal.
An employer giving a reference is under a duty to the subject of the reference to take reasonable care in compiling it, or in obtaining the information on which it is based, holds the House of Lords in Spring v Guardian Assurance plc and others.
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