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misrepresentationpre employment disclosurenon disclosure
Cheltenham BC v Laird
[2009] EWHC 1253 (QB); [2009] IRLR 621
Key Principle
Answers given by a job applicant in a pre-employment medical questionnaire can constitute representations inducing the employment contract, but the questionnaire is to be construed objectively through the eyes of a reasonable lay person in the applicant's position, and liability for fraudulent or negligent misrepresentation requires the answers to be both false and made fraudulently or negligently on that construction.
Area of Law
General case law
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