That the belief are genuinely held makes them no less defamatory. A
reference like this is actionable. The truth has to be proven. A belief is
not a truth.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Roland Perry
Sent: 14 November 2005 14:37
To: [log in to unmask]
Subject: Re: [data-protection] References
In message
<!&!AAAAAAAAAAAYAAAAAAAAAIfCFjaFV0BEsFq4L0YKekfCgAAAEAAAAMNJhgl4dudKje+Ug
[log in to unmask]>, at 14:25:51 on Mon, 14 Nov 2005,
Tim Trent <[log in to unmask]> writes
>That is surmise.
No, the beliefs are genuinely held.
> It is defamation, and is actionable.
There is a saying "the greater the truth, the greater the defamation".
Of course, a better reference might be "We can confirm Mr X worked for us
<fullstop>"
>In message
><!&!AAAAAAAAAAAYAAAAAAAAAIfCFjaFV0BEsFq4L0YKekfCgAAAEAAAAMIv+6N1IqxJjpM
>5E [log in to unmask]>, at 14:16:05 on Thu, 10
>Nov 2005, Tim Trent <[log in to unmask]> writes
>>I simply think a reference must be fair and truthful, so have never
>>seen why it was ever "confidential" in the first place.
>
>So, would it be acceptable, and truthful, and no risk whatsoever to the
>reference giver to say: "We believe Mr X stole from us, and from
>enquiries we have made we believe that he also stole from his previous
>employer, however we have not been able to produce any evidence which
>would stand up in court as he did a runner and we think he destroyed
>the evidence before he left."
--
Roland Perry
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