Sacked from employer due other employees lies

[Bonzo13]

I was sacked over 2 years ago from my job after working for them for 25 years. This was due to another employee making false allegations that I had bullied him. There was no evidence whatsoever and on the balance of probability they took his word over mine. I went through all the correct procedures of appealing with my employer and got nowhere. About 6 months ago the person who made the allegations approached me in the street and begged my forgiveness for what he had done and said that he had been persuaded to do this by my ex partner (which I suspected all along and who also happened to work for the ETS!!! and why I didn't make a claim via them). He said that he would put this in writing but he didn't. I was with a friend at the time who overheard everything. Can anyone advise me if there is anything I can do about this ? I really just want to clear my name. I have been to hell and back over this and been unable to work since. Any advice would be greatly appreciated.

[gemspan]

Hello there

Have a word with ACAS. I think the details are at the top of this forum. They will be able to advise you or point you in the right direction for help.

Good luck.

Kind regards
Gemspan

[Bonzo13]

Thank you for replying. I will ring them tomorrow but I really haven't got much hope left in me to be honest.

[pt2537]

Hi

its gotta be worth a shot to give acas a call.

i know the usual guidelines are that you should present an application to the tribunal within 3 months after the cause of the complaint.

i would also check with your local citizens advice service, i know that my local office has a duty solicitor who offers advice on all types of problems so it may be worth speaking to them as well.

regards

paul

[pt2537]

Also its worth pointing out that so long as your ex employer can show that they had reasonable cause to believe the allegations against you were true ( im not suggesting that they were of course) then they would be able to justify the dismissal.

[Bonzo13]

Thanks for your replies Paul. My ex employer didn't have any evidence against me and that's why they chose to go down the 'balance of probability' route. During my appeal they even admitted that things didn't 'stack up' but dismissed me anyway. I don't know what could be construed as reasonable cause by them to believe that the allegations were true.

[pt2537]

Hi,
they probably relied upon the other employee's allegations that you bullied them.

most employers will have an harrasment and bullying policy did your have such a policy and if so did it consider bullying gross misconduct.
if it did i would suggest that they considered the weight of the allegations sufficient to dismiss you , im not saying it was fair ,that would be for a employment tribunal to decide and that in theory could be the reasonable cause.

im fairly sure you would have a legitimate complaint to the employment tribunal however its the time frame that has passed which is of concern really.

another point to consider, the employees comments were potentially slanderous and as a result you have suffered a quantifiable loss as a result. it may be the line ot consider so long as you can produce proof that this colleague lied about you and you suffered as a result. that is something to discuss with the CAB solicitors if you get the chance

i hope this helps


regards
paul

[Bonzo13]

thanks paul. there were no other statements from other people alleging that i had bullied them only from the one guy. they did have the policy you mentioned and the offence is classed as gross misconduct. if i couldn't take this to an employment tribunal would i be able to take any other course of legal action ? also, would i need written proof of my colleagues lies or would it be sufficient that he admitted his lies in front of a witness?

[JonCris]

You will need proof of that the employees allegations where false & whilst your own witness might be enough it is preferably that the evidence come from the perpetrator. Did they sign a statement at the time when they made their allegations, if so they may have committed a criminal offence & at the very least they have been guilty of a malicious libel which itself could be criminal in that it would amount to harassment.

You need to see a solicitor ASAP as if this evidence has only just come to light then any limitation should be void

[Bonzo13]

There was only one guy who made written statements saying that i had bullied and harrased him. He is the one that is now saying he told lies (verbally, infront of my friend). What do you mean by limitation being void?

[pt2537]

Hi,

Good advice there from Jon Cris, i think the best thing to do is speak to a solicitor. most would offer a free 30 minute consultation so its worth investigating the possibilities. or speak to the CAB duty sol's its worth looking into


regards
paul

[pt2537]

I guess that Jon Cris is refering to the Limitation Act, from memory, under the limitation act its 1 year to bring an action in court for defamation, however, i think , from memory, if you can show that the information has just come to lite which shows the person lied then you would be able to argue that the limitation act should not apply in this case

im sure jon cris can confirm this for you as its a while since i studied the act
regards
paul

[Bonzo13]

Hi, does anyone know if limitation can be voided when taking a case to an industrial tribunal as per the above circumstances? Or would this only apply when bringing a case in court for defamation? I'm a bit confused hear and don't really know which way to proceed if at all. Thanks.

[JonCris]

It's upto the Tribunal. Make your claim giving your reasons for the delay & see what happens.