McDonald v Dundee City Council

Employment – Employer – Duty of care – Reference. Sheriff Court: Rejecting a claim by a social worker employed by the defenders, a local authority, who applied for and was offered a job by another local authority—an offer that was subsequently withdrawn— that a reference the defenders gave to the other authority was not true, fair and accurate, the court held that the defenders were not in breach of their duty of care to the pursuer in giving the reference as it was legitimate for them to inform the new employer of their outstanding disciplinary investigation concerning the pursuer, and it was the fact of a Scottish Social Services Council investigation concerning her and not the terms of the reference that caused the loss of her new job.

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