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
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