Critically evaluate, in relation to the common law duty of care, the Essay - 9

Critically evaluate, in relation to the common law duty of care, the liability of employers for references. How, if at all, does - Essay Example While the intention of the common law duty of care is to protect the aggrieved parties from incurring damages resulting from negligence, the law extends to promote sanity in the relationship of the employer and the employee. Arguably, the duty of care predisposes the human resource departments of various organization tend create organization policies that respect the rights of the employee in order to avoid legal feuds. Many institutions are hesitant to provide information about form students to prospective employers due to the fear of potential legal feuds. The fact that former employer had a direct engagement with the departed employee to a given extent makes him liable to any issue which he disseminate to the prospective employer that might amount to damages. The student or employee is likely to sue or seek legal arbitration in a situation where he or she feels that the former institution violated his or her right by offering certain information that damages his or her identity. U nder the duty of care, defamation is a communication that intends to harm the reputation of the target party so as to limit the ability of the ability of the party to associate with a third party. The law protects offer punitive and compensatory damages for successful defamatory claims. The issue that is contentious in acting as a referee for the university student is the fact that such association might attract legal liability. In some situations, the institution might be willing to provide the confidential information about a former student whom in the institution’s view does not deserve consideration for employment because of his or her conduct. There is no legal provision that dictates that the institution must provide a reference to prospective employers. However, the existing legal obligation provide that universities should exercise due care when compiling a reference report of a student. The institution owes a duty of care to the student to whom such reference informa tion is provided and to the addressee who sought the reference. The employer might sue the University for Negligence if it fails to provide reference information requested about the student (Williams and Zumbansen 2011 pp134). On the other hand, the student might sue the institution if it feels that the information addressed to the addressee violated his or her right. Most institutions feel obligated to respond to request for a reference where reasonably requested for employment or academic purposes (Grace and Gravestock 2008 pp 46). Failure to provide the reference could disadvantage a student application and could be deemed to be discriminatory on grounds of race, sex, disability, or age and be subject to legal action. Some people have failed to secure job opportunity from prospective employers or have faced the sack based on the reference information addressed to the prospectus employer by their former employers. Such outcomes often attract legal suits. In case Spring vs. Guardia n Assurance Plc and Others; HL 7-Jul-1994, the complainant submitted before the court that the reference given by his former employer influenced his sacking. In the reference letter, his former employer indicted that he was a man of little or no integrity. In this case, the opinion of the court held that an employer was liable for negligence and damaging reference given on behalf of the employee. The court noted that a duty of care was owed to the former employee.