Thread: Ex employers sabatoge

what evidence do you have that he has been "badmouthed" by his employers?

If you can get proper evidence about this from somebody that are directly and who is prepared to put this in a statement then I would consider bringing an action for defamation against employers.

You need to move very quickly. You will need to make sure that your evidence is very solid, that will stand up in court and that your witnesses are prepared to give evidence. The limitation period for defamation is six months.

On the question of the dismissal you may have a basis for appealing against the tribunal decision. However probably the ordinary time limit for being an appeal to the Employment Appeals Tribunal is probably past. You would need to make a special application to the tribunal to see whether or not they are prepared to waive the rules and to hear the appeal. This is beyond my experience and you will have to start doing some reading and probably you will need to consult an employment specialist solicitor -- a good one who is prepared for a scrap.

If you are unable to go in all employment routes then you would have to consider an action in the county court for breach of contract.

You would have to argue that the employer had a contractual duty to handle the disciplinary properly and that that included examining the relevant CCTV. If you succeed in this argument then you would win compensation but probably only to compensate for the period of unemployment. A lot would depend on the length of service so far.

It is all a very difficult situation. Don't forget also that you could have an action in defamation against the bus driver and the inspector as well and although you are beyond the limitation period for this, you may well be to get permission from a court to bring defamation action anyway given the fact that it is only just now that you have been vindicated by a criminal court.

Now that you have had this could result in a criminal court, you need to start considering any defamation actions quickly.

I really think your best bet here is to go to a very serious firm of solicitors and talk to them about bringing a dual action in defamation and also in breach of contract. If the employers were frightened enough by this they might make a very interesting out-of-court offer.

You need to do a lot of spadework now to get your evidence and your statements. Do not rely on anyone's promise that they will give you a statement when you need it. Get statements immediately before people have a chance to have second thoughts. You can't imagine how amazingly people will change their mind a few days later.