Critically evaluate, in relation to the common law duty of care, the Essay - 4

Critically evaluate, in relation to the common law duty of care, the liability of employers for references. How, if at all, doe - Essay ExampleSimilarly, fountain employers may tend to show mercy on their employees in certain dishonest acts worth mentioning to the future employers, and this risks the operation failure or dishonesty of another organisation or employer. These factors put the former employers at a risk of been held liable for a kind of defamation. In one way, the employers chamberpot provide certain information to the likely employer, but may also fend off producing a lot of information that may prevent the employee from new employment. The chances are that the employers limit their information to table exposure to defamation, or potential lawsuits that may cost them heavily (McCord, 1999). The employer is obliged to the duty of care to the prospective employers, upon injury or misfortune related to falsified information over a certain employees reference. The af orementioned(prenominal) case applies to the employee when his or her effort for job search is not successful, due to offensive referential allegations from the former employer. ... Below, several sources touching on privacy, retaliation, and arising from negligent and defamation cases of employers liabilities for references under various Acts are discussed. Liability for traducement Employees can sue their former employers for release of disparaging statements, either orally or written that postulate can indirectly or directly lead to harm on their reputation, despite the high efforts to revise the Defamation Act, whose original version claimed defamation to consist of unprivileged publication of falsified information and derogatory issues, either unjust disregarding the special harm or its legal cause (Bally, 1989). That is, when the talk occurs, and it has a defamatory meaning, the trey party who can be the prospective employer or the public is swayed away by the damaging r eputation. harmonize to Mac Kelly, a defamatory statement is that which tends to harm the reputation of another individual, and that lowers him in the societys view, and prevents third persons from dealing or associating with the individual in subject (2001). However, with the increased technology that furthers globalization, information can travel very fast to different destinations, which increases the chances of spreading defamatory statements in a click of a button, let alone the oral statements. The English Law classifies defamatory statements into two libel and slander, implying those recorded and that expose a degree of permanence, and those orally made without justification respectively (out-law.com, 2008). The claim of the employee is left to the court to localise and interpret the statement in the context which it was made. It needs to evaluate the surrounding circumstances, audience, employers argument, and subject of the communication