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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice.
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At work there has been potential slander made against me.

Resolved Question:

At work there has been potential slander made against me. I had a confidential disciplinary meeting two years ago and received a verbal warning. No further action was taken and I continued my job as the (minor) issues were resolved

I have found out this confidential dicipinary meeting was dicussed and it became widely known that I had been performance managed. They were obviously unaware that the issue was resolved and the details of the case. This has damaged my reputation at work and has contributed to potential, I believe unfair, further disciplinary action.

Do I have a case for Libel or slander. I have a signed written document from the management that the confidential was openly discussed.

Thanks
Submitted: 3 years ago.
Category: UK Law
Expert:  Jo C. replied 3 years ago.
Can you tell me what has been said exactly?
Customer: replied 3 years ago.
The note in the document said " Robert had previously been on a performance management process because of delivery issues" This was meant to be confidential. It happened two years ago and per our HR records the disciplinary action - a verbal warning, is meant to stay on your record for 6 months.
Expert:  Jo C. replied 3 years ago.

 

Thats not a defamatory statement I'm afraid.

 

The first problem is that you seem to be saying this is a true statement. For defamation to arise a statement must be false.

 

The second problem is that this statement was made at work and so qualified privilege may well cover it. In any event, it was not made sufficiently publicly for defamation to arise.

 

There may be employment issues arising from this - e.g internally grievances and the like. But its not defamation.

 

Im not an employment lawyer so cannot give detailed answers on that. But I can say that this is not defamation.

 

I realise this is bad news but thats the position I'm afraid. Im happy to discuss the above but please remember to click on accept so that I can get credit.

Jo C., Barrister
Category: UK Law
Satisfied Customers: 63937
Experience: Over 5 years in practice.
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