Thursday, November 21, 2019

Critically evaluate, in relation to the common law duty of care, the Essay - 1

Critically evaluate, in relation to the common law duty of care, the liability of employers for references - Essay Example This document examines the liability of the employers in the process of issuance of references in relation to this law. References are documents given to potential employers addressing the employee’s ability to determine their suitability for a given job description. Potential employers use it to offers or reject the employee’s request to obtain a job. Based on this purpose, references are professional documents that carry a lot of weight pertaining to the fact that they can make one get or loose a job and hence economic income. The common law of duty of care is applied in the intervention of conflicts which arise in the process of compiling this document. According to Myers (2011), there are, however, various ramifications involved in the process of giving references, while considering the common law of duty of care. First, the reference is supposed to be accurate while at the same time the employer confines himself within the terms of contract between him/her and empl oyee. If it is alluded in the terms that the trust and confidence must be maintained; and the employer disrespects this by way of disclosing information which depicts lack of trust by the employee then the employer must take full legal liability for having dishonored the terms and conditions of agreement. This on the other hand means the potential employer may suffer for considering the employee because of the hidden misconduct. As such the potential employee may consider seeking legal redress over the misinformation, holding the former employer liable for it. This is due to differences in terms and conditions of contract given by the two employers to the same employee. The major challenge in using this law to intervene in such a situation is that where the employee move from one employer to another with totally different terms and conditions of contract, the law becomes difficult to implement. Eden (2011) asserts that in order to reduce but not absolutely escape the risk of liabili ty for references, employers may refuse to give reference, limit reference to factual matters including dates of employment and job titles or include a disclaimer, i.e. that the reference is given on the basis that the employer accepts no liability which may arise from the reliance on the information therein. But there are guidelines to following considering the ways of reducing the risk of issuing references. The employer does not just decide to adopt one. Absconding from giving reference may not be a choice for the employer since the terms of contract implies it under the considerations. Considerations in the employment situation are promises made by the employer o the employee. They include things that have economic value and do not cover what was given in the past (Jones, 2011). It is an obligation for employers because failure to do so may amount to an individual missing out on employment opportunity. This can be challengeable in the court of law by the employee. Therefore they are obliged to issue recommendation upon request. A disclaimer is usually preferred by the employers. It somehow shields the employer from being victimized by the terms and conditions in his/her own company. It does not however absolutely protect him from legal suit. Disclaimer will be stated by the employer after having specified the employment details of the

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