Overview

This briefing considers the recent case of Mr Robert McKie v Swindon College [2011] EWHC 469, in which the Court held that an employer owed a duty to its former employee to take reasonable care when referring to that former employee in communications with a third party.

The House of Lords in Spring v Guardian Assurance [1994] 2 A.C. 296 confirmed that an employer who provides a personal reference owes the employee in question a duty to take reasonable care in the preparation of that reference. Failure to do so could lead to a claim for negligence.

The case of McKie v Swindon College has extended the scope of that duty, to include circumstances beyond that of simply providing a reference. As a result, it is now clear that the level of care taken by employers when preparing references should also be adopted more widely when referring to previous employees.

More generally, the case is also a helpful reminder of the process that the Court will follow in order to determine whether or not a duty of care is owed in any given situation.