Can I sue an old employer for defermation of character in a reference provided to my new employer which resulted in me losing my job? If so how much and what can I sue for. This reference is in written form and untrue facts.
HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.What was said exactly?
They stated I used the computer systems within there work to accsess adult websites, they also said I didn't do my job correctly. None of this is true
Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.You could sue your employer.However it would be very costly and you would need to issue proceedings in the High Court and Jury trial.This is because of the Court rules.The cost of this, if contested would be about £10,000.If you lost then you would also have to pay costs of the other side.So yes, while in theory you can claim damages for this, it may be quite costly.You would do well getting a local Solicitor to write to them, to give you a formal apology and undertake to provide factually correct references in future. Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. Thank you. Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
But as I have now lost my new job due to this Reference would it maybe more beneficial for me to claim loss of wages as I am now un-employed?
Assuming you were offered the job, you could sue for the losses.But you would still need a High Court jury action Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. Thank you. Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Hi yes I had started the job I was on the 3rd day when my contract was then canceled because of the reference, Ok thank you for your help if you just reply quickly I will confirm I am more than happy with the answer. I trust if I win the case then they will have to pay my costs?
Yes. Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. Thank you. Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Hithere this isn't just about defamation. Your employer will have certain obligations under common law to ensure that any reference they provide is factually correct. This is called 'duty of care' and it is to do with the law of tort, not with defamation. If they fail to do that then they can be guilty of negligence and that's a claim that you can make against them. It has nothing to do with going to the High Court and having a jury. It'll be a 'straightforward' negligence claim in the county court that doesn't require jury. For info on negligent references have a look here: http://steeleslaw.com/news-item.aspx?id=350a6a98-1b13-4c01-9c68-e496368641a8. Good luck