Commentary

C. Negligent mis-statement/malicious falsehood

Division AII Contract of Employment
| Commentary

C. Negligent mis-statement/malicious falsehood

| Commentary

C.     Negligent mis-statement/malicious falsehood

In the leading case of Spring v Guardian Assurance plc [1994] IRLR 460, [1994] ICR 596, HL the employee was a representative of Guardian Royal Exchange Assurance (GRE) who was summarily dismissed when it was learnt that he was proposing to leave and go and work for a competitor. A few months earlier Mr Spring had been involved in a proposed investment transaction on behalf of Mr Fennell in an amount of £170,000. The size and nature of the transaction was well outside Mr Spring's normal range of experience and the type of GRE policy he selected for investment for most of the money was said to be totally inappropriate and would have involved Mr Fennell in major financial loss. Mr Spring, on the other hand, would have benefited from large commission payments. Before the

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