The Law Is Clear

Under UK Common Law, intentionally sabotaging someone's employment prospects through a third party constitutes a civil wrong known as the tort of causing loss by unlawful means.

As defined by the House of Lords in the landmark case OBG Ltd v Allan [2007] UKHL 21, the law states that this tort consists of:

"..acts intended to cause loss to the claimant by interfering with the freedom of a third party in a way which is unlawful as against that third party and which is intended to cause loss to the claimant."

Three objective criteria must be met:

  • The Use of Unlawful Means: The law applies if an individual uses unlawful tactics — such as fraud, deception, data protection breaches, or computer misuse — to interfere with a prospective employer and intentionally prevent a job applicant from getting a job.

  • The Dealing Requirement: Those actions must directly restrict or interfere with the third party’s freedom to deal with or hire the job applicant.

  • Intention to Injure: The primary or necessary consequence of the interference must be to deliberately cause economic harm to the applicant.

Disclaimer: The information on this page is for general informational purposes only and does not constitute formal legal advice. Legal principles can vary significantly based on specific facts and individual circumstances. You should always consult with a qualified solicitor or legal professional for advice regarding your specific situation before taking or refraining from any legal action.

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The Equalities Act 2010