Critically evaluate, in relation to the common law duty of care, the Essay - 6

Critically evaluate, in relation to the common law profession of dread, the liability of employers for references. How, if at all, doe - Essay ExampleIssuing of references for employees or former employees by employers is a practice that is of interest to both the employer and the employee (Middlemiss 2013, p141). The employers have an interest in understanding the extent of their liability. On the a nonher(prenominal) hand, the employees have an interest in knowing whether they have the right to sue employers for economic damage arising from cheating(prenominal) references. In understanding the liability of employers for references, the paper will look into the relevant principles of the law by reviewing cases connect to the subject in question (Lee 2011). Case studies Spring v Guardian Assurance plc and others The spring v Guardian Assurance plc and others led to the realization of the importance of pursuing acts of negligence through unjust and unsportsmanlike references. Be fore this realization, employees who suffered from unjust references only used the tort laws to search for justice ( raise of Lords 1995). The option of the tort laws was not common due to the evidential obstacles that the plaintiff faced. In the Spring v Guardian Assurance plc and others, the House of Lords came to a conclusion that, in situations where an employer decides to give a current or former employee a reference, it is the employers righteousness to take reasonable care in preparing or military issue the reference. It is also the employers responsibility to take care when verifying the information related to the reference. In addition, the House of Lords also concluded that, in situations where an employer issues a reference to a prospective or future employer, it is the employers responsibilities to provide care to that the employer in respect to the preparation of the reference. It further states that, in cases where a break of any of the duties occurs due to negligenc e in preparing the reference, the employer air the reference can be held responsible for damages to the employee, prospective employer or future employer (UKHL, 1994). The employer takings a reference has the responsibility to act in a fair manner towards the employee to protect the employee from abject from economic losses due to negligence in issuing the reference. The employer also has a duty of care towards the employer receiving the reference because the recipient employer relies on the reference information in providing employment to the subject of the reference (McBride 2004, p.420). Therefore, the employers decision to employ the employee is largely influenced by the information provided on the reference. This point makes it reasonable to hold the employer issuing the reference responsible for any economic damage that the prospective employer suffers (Middlemiss 2004, p.67). In another example, it was concluded in the Legal Assurance Ltd v Kirk that, in a situation where an employer makes an informal statement regarding an employee that is not relied on by a third party, in that respect is no liability due to negligence even if there is no any reference issued. However, this claim was not accepted by the Court of Appeal because it was found on speculations on how the employer might respond when requested for a reference (Middlemiss 2004, p62). A different procession in understanding the liability of employers for reference is evident in Bartholomew v London Borough of Hackney. In this case, an employer issuing