could this be defamation

[zoemk10]

Hi there

 

I'm currently taking my former employer to tribunal for unfair dismissal. I have just received the full bundle from their solicitors and in the notes my former boss says this about me:

 

No. I had given targets but it was at the time where discussions were taking place about the restructure & we knew that (my initials here) was quite frivolous with money, so we avoided this for fear that she would spend hundreds of thousands of pounds.

 

This statement is not only untrue it also brings in to question my professional character and trustwortiness. I have no idea what he is talking about but I feel that he is attempting to defame my character in order to reflect me in a poor light.

 

Can I do anything about this? I know libel cases are generally reserved for celebrities but I just dont feel he has the right to talk about me in such an untrue and negative manner.

 

Any advice appreciated.

 

TYIA

[assisted blonde]

Defamation cases are very hard to win and very very expensive, the burden of proof will be on you to show that harm has been caused, I assume the company were refering to company money that you had spent in the past? the wording may not have been quite right but they could have put that you had in their opinion overspent on previous projects (for example) which would have been sort of the same would you be thinking of defamation.

i also think that it (the document) to have been in such a form that it was availible to a wider audience than just the tribunal and to have lowered your esteem in the minds of others.

 

What are the reasons your company have given for dismissing you, had they questioned your spending of company money in the past ?

 

BTW you wouldnt get legal aid for a defamation case and they are held in the high court hence the cost, and if you lost you would have the other parties costs to pay.

[zoemk10]

Hi

 

Thanks for the reply. I will try and explain the long story short way!

 

6 roles redundant but 7 NEW ROLES created

 

I applied for 2 senior sales roles as very close to what I had been doing (in fact slightly lower level)

 

I didnt get either - reason given that my ex boss wasnt happy with one of my answers to a question during the interview!!

 

I appealled as the answer wasnt even what I really said and also there were lots of other question plus 2 years worth of work history which seemed to count for nothing. LOST APPEAL.

 

I sent ET1 which was accepted and they responded in ET3, (they now have new reason for not offering role but these dont stack up either.)

 

Of the 2 roles, one was given to some who reported into me and the other was given to no one and 3 months later is still vacant and being advertised on the net.

 

In my role I didnt really manage budgets as such. I was allowed to spend up to £500 on work related expenditure but I always referred matters to my boss as I wanted to ensure he was on board. I also had a company credit card but only ever used for expenses- train fare etc.

 

I obviously didnt have the authority to spend hundreds of thousands or even 1000's.

 

I'm concerned that he's telling other people within the business things like this. This document has been seen by several people in the organisation and now those people will have formed negative opinions of me. Its a very insestus industry and people talk.

[becky2585]

No, there's no defamation action here. Brief but to the point!

[zoemk10]

Hi Becky2585

 

Thanks, short and to the point is good.

 

So basically he can make up lies about me and I can do nothing about it? Can I ask him to provide proof for what he is saying? If he cannot produce proof can I ask my solicitor to send a letter instructing him from refraining from making any further untrue claims.

 

Thank you x

[becky2585]

It's a sad fact of litigation that facts are down to "interpretation"... unless the individuals were knowingly giving false evidence (which usually involves falsifying documents, which would be a criminal contempt of court) then there's no claim... Legal privilege also applies, which means that even if a defamatory statement is made, a claim cannot be brought as a result. Defamation is the publishing of a statement which lowers the individual or the company in the estimation of right thinking members of society generally. Broadly, the test is whether a statement would cause one to think less of the person or company to whom it refers. However they can defend this on a legal privilege basis.

 

Additionally, the statement is an opinion rather than a publicised statement of alleged fact. One problem with defamation/libel action is that it's technically in contravention of the EU convention of human rights, as everyone is entitled to freedom of expression. So this could be an expensive claim to pursue and I would suggest it probably wouldn't succeed.

[zoemk10]

Thanks for your reply. I don't have the money for an expensive additional claim however I would like him to stop telling lies about me.

 

I understand it's opinion but he has nothing to base this opinion on & therefore he should not express it to others as it's potentially damaging to my reputation.

 

Can I send a strongly worded letter stating that should he continue to express untrue opinions about me i will have no option but to escalate the matter? Or should make the tribunal aware?

 

This is ruining my life, I know that sounds dramatic but I loved my job & he's taken that away & now seems to want to destroy me. I've lost all my confidence & self belief.

[assisted blonde]

Not being funny, but there is no point in sending a letter saying you will escalate the matter if you have no where to escalate it too. A letter like this will be seen as just hot air by the recipient.

Dont put things in writing unless yoiu can follow them through, no point, rarely has any effect and just makes you look daft for sending it if you cant/wont do anything about it.

Also a statement saying you were considered by this person to be frivilous with money is not going to ruin your life and I dont think a ET would take a lot of notice of you telling them this, by all means say you disagree with the statement but please dont start saying things like its ruined my life etc etc

I appreciate the fact that you feel you should have got one of the jobs on offer but for whatever reason you didnt it may have been that the company preferred someone else for one job and didnt feel you were the right person for the other, sadly it happens, you cant make someone employ you and you did get interviewed and were considered but were not the person they wanted.

If there is still a job vacant and you havent been offered it it would seem that they dont think you are the right person for it.

[zoemk10]

Hi assited blonde

 

Many thanks for your reply. I didnt mean the comment was ruining my life I meant the whole expeirence- being made redundant, being passed over for a job I should have got, (IMO) and now the constant worry about how Im going to manage financially. I have no intention of giving a sob story to the tribunal, I will present my facts and hope they see my point.

 

With regards to the reason for me not getting the role, without going in to all the detail i know I was managed out. i'm qualified and had effectively been in the role for 2 years. No they do not have to give me the role but if a role exists they have present a good objective reason for not doing so. They have failed to do this.

 

Thanks for all the advice it helps me keep a perspective on things x

[assisted blonde]

Hi sorry \i may have missread your post, good luck and I am sure that there will be another job along soon.