Truthful Reference was Unfair Dismissal

TSB Bank Plc v Harris (2000) IRLR 157

The employers were in fundamental breach of the implied term of trust and confidence by revealing in a reference to a prospective employer complaints against the applicant of which she was unaware and had been given no opportunity to answer. The employers could have ensured that harm was not done by informing her of the complaints against her when the question of a reference arose, or of providing a fuller reference. There was a breach of the implied term even though, in disclosing the complaints in the reference, the employers were only doing what was required of them under industry regulations. Accordingly when the employee resigned as a result of the employers’ breach she was unfairly dismissed. Even though she was considering departure in any case, because of the breach she left without another job to go to, which is different from leaving to go another job. There was no evidence to force the conclusion that she would have left in any event.