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Jenny Mackenzie
Jenny Mackenzie,
Category: UK Law
Satisfied Customers: 5197
Experience:  Over 10 years experience in general legal matters
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I am taking my ex employer to a tribunal for unfair dismissal.

Customer Question

I am taking my ex employer to a tribunal for unfair dismissal. I believe their motivations were due to me objecting to their shareholders' share dealings e.g. I and the other non-shareholder directors were pressurised into buying shares in the company in order so the shareholders could claim a reduced 'entrepreneur capital gains rate'. This was all a facade as they did not really sell anything rather than transfer shares to nominees. When I get to tribunal, can I make these claims without fear of slander/libel?
Submitted: 1 year ago.
Category: UK Law
Expert:  Jenny Mackenzie replied 1 year ago.
Hello and welcome to Just Answer, what does the employer state was the reason for the dismissal?
Customer: replied 1 year ago.

They claim gross misconduct. I wanted to sell my shares in the company (the ones I had been pressurised to buy) after I had discovered that our former ops directory had lost all of his (the share agreement was draconian and basically meant that if you left you lost all your shares - we had bought and paid for these shares, not been given them). Anyway, my employer put me on garden leave without notice and a week later offered me some money to go (very little and I refused). A while after this they started making allegations against me (totally unfounded) and eventually sacked me for gross misconduct.

Expert:  Jenny Mackenzie replied 1 year ago.
Hi if your case is that the real reason for your dismissal was the share issue and the gross misconduct situation was orchestrated to dismiss you then there is nothing to stop you presenting evidence in regards XXXXX XXXXX shares in the tribunal. It is not constitute defamation if the allegation is true, as in order to commit an act off slander or libel the statement made must be untrue, be public ally made and have the effect of making a right minded person hate or ridicule you. A true statement made in the course of a tribunal hearing would not amount to slander or libel.

Please let me know if you have any further questions. If I have answered your question I would be grateful
If you would give my answer a positive rating. Thank you and all the best.
Jenny Mackenzie,
Category: UK Law
Satisfied Customers: 5197
Experience: Over 10 years experience in general legal matters
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