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September 5 2014

Safeguarding Responsibilities Can Override an Agreed Reference

The case of Camurat v Thurrock Borough Council considered whether not sticking to a reference agreed as part of a settlement agreement could amount to a breach of contract or a breach of the employer's duty of care to the employee to exercise reasonable care and skill in providing a reference. This case will assist those employers who have a duty to provide certain information to the police and other safeguarding bodies. They will know they are able to comply with their statutory safeguarding duties without fear of breaching their duty to the employee.