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| *Ostroff, Fair and Company>>>Law & Legal |
Consequences of false reference? |
My daughter was given a false reference from her Care Home employer just after she had worked her notice and just as she was about to start work at a different Care Home, which was closer to her home (subject to a satisfactory reference from her former employer). The reference was false/untrue, and was understandably unacceptable to the new employer and has resulted in her now being out of work and unable to even claim JSA. I understand from a previous post that it is possible to sue. 1/ Who should she sue? (the Care Home or the Manager who wrote the reference) 2/ How and where does she commence proceedings? Thanks in advance for any replies. (UK) She needs to find an employment solicitor in her local area. I'm not familiar with UK law; in the US, it is indeed possible to sue an employer for providing a false reference. If nothing else, it would appear that she has a claim for slander if she is able to prove that the accusations made against her are untrue. Again in the US, she would sue the care home and the manager would be a named party to the suit - the manager could have personal liability in addition to the care home. Sorry I can't be of more assistance - good luck. In the USA, giving a false negative reference verbally is slander, and giving it in writing is libel. The standard for legal victory is "knowingly false and malicious." The victim is entitled, upon winning the case, to any actual damages sustained due to the libel or slander, plus any amount of punitive damages the jury sees fit to award. UK has laws that are similar but not identical to the USA. Consult a solicitor regarding the law, the standards of proof, and the potential for recovery. If the cost of filing the case is bearable, and the chance of winning is high, you have the advantage of the UK convention of "loser pays costs", so that even if the actual damages are slight and no punitive damages are awarded, the slanderer/libeler will have to pay your solicitor, barrister, and filing fees. The solicitor will find and engage a barrister to advocate on your behalf if the proposition seems worthwhile. Probably, the employer who did not hire based on the false negative reference will be held harmless, and only the originator of the false and malicious negative reference will be held liable. No point in suing either Care Home as institutions - the former is not responsible for a malicious act by the former supervisor, and the latter acted in good faith on false information provided to them. |
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