THIS ESSAY IS FOR BUSINESS LAW !!!
PLEASE READ FULL TITLE: Critically evaluate, in relation to the common law duty of care, the liability of employers for references. How, if at all, does the liability of a university (such as the University of Sussex) differ regarding references given to potential employers in respect of current (or former)students.
—- REQUEST GIVEN BY SCHOOL:
1. UCL’s Guidance on Writing References
2. Please find attached document which is the request from school. You need to use it for analysing the essay question. Thanks very much.In the tort law, the duty of care is that legal obligation imposed on an individual requiring some adherence to standards of reasonable care while still pardoning any acts that could foreseably harm other people. The person claiming must be able to proof a duty of care imposed by law that the defendant has already bleached. Employers should take all measures and reasonable steps to ensure their health, safety and well-being provided. According to the law, employers must abide by the relevant health, safety and employment law as well as that common law of duty.
In workplace employers and not employees by themselves will always be held reliable for the conduct and well-being of the employees. For example, if the employee gets injured while working the employer is reliable even if he had no intention of causing that harm. One reason for this explanation is that employers are the ones directing the behavior of the employees and accordingly must be in a position to share in a good and bad result of the employees.
In the business world today many entrepreneurs are hesitating to provide vital information about their former employees to their prospective employers because of the threat posed by potential lawsuits. The same thing applies to universities. Many companies instruct their human resource departments not to give any information on employment references. However, no legal obligation states that it is a must for an employer to provide references to their former employer. The employer policy of whether to offer information on references needs to be consistency. There are four potential sources of liability that’s arises out of the provision of the employment references to potential employers.
The first one is information defamatory. Any communication becomes abusive if it intended to harm the reputation of the other person so as to lower that person in the estimation of the society. The message may also be used to deter third parties from associating or dealing with him. In this case, the jury has to decide whether the subject understood whether that communication was defamatory. When claimed in a court of law both compensation and punitive damages may be available if the defamation claim is successful. Another case is the invasion of one’s privacy arising out of the common law. Whenever a ruling occurs, the jury should be careful to avoid violating the rules of the two parties.
When an employee gets injured while performing his duty and needs compensation, the employer is most likely to pay. The legal system is interested in making that victim whole and will assign the reliability to the employer rather than the employee. In most cases companies are always liable under the doctrine of “respondeat superior” for those negligence acts or some omission by their employees in the course of their employment time. It means that there is a difference between an employee that will cause a job-related accident and that employee that will cause an accident while on that job that’s not related to his employment. For example a marketing company gives cell phone to its employees to help them get in touch while they are away from the office. While travelling away from an office, an employee gets a call in for a conference meeting, and while picking the call, he becomes distracted and hits another vehicle. Here according to the law, the employer is likely liable for that car accident.
Universities are also responsible for the employment of their former students. It’s common when people graduate from the university they embark on looking for work. In most cases the students always turn to their former schools to provide them references to act as a proof to their potential employers. However the liability will differ regarding the references given to potential employers in regards to current or former students.E.g when choosing University College London means that the students had a lot of trust in the university and, therefore, expect an excellent reference from the institution to their potential employers.
However, the school might differ on the references because of security reasons. It’s because a student might be one of the best pupils in the class, good marks and portraying some good behavior but when he goes outside he changes to a different person. In the meantime the university will have written excellent reference but the person represents other responses to his current employer. Another thing that might cause the difference is the policies set upon by the university. In courts today there are many lawsuits filed by employers regarding references given to them by the employee’s former employer. Therefore to avoid this many schools have come up with very strict policies concerning recommendations given to former and current students.
References are given by universities to present, and the former student is supposed to take the same weight as those references provided by employers to the employee. The main reason people request for references is to convince their current employer that the information given is accurate and verifiable. In business most people will not employ unless the person seeking employment provides excellent references from his previous employer. References help in proving that the person in question truly was in that university or worked at an individual organization.
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