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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 47623
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I having been working for care company and have decided to

Customer Question

Hi , I having been working for care company and have decided to set up on my own my boss has stopped me working as she thinks I'm poaching her staff and clients ,also her team leaders are bad mouthing me , I told my boss what my intention was due to leaving , one client has contacted but nothing has been signed or agreed up to this date , I'm just fed up of being bad mouth
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Career
JA: What action has been taken so far? What's your ideal outcome?
Customer: She has let me go before my notice ends 2weeks left but said she will be paying me ? I never signed a contract with this company ,
JA: When we are ready I'll take you to the appropriate web page. Anything else you want the lawyer to know before I connect you?
Customer: I understand totally what her point is but I have been advertising since I gave notice I just want her to understand that bad mouthing me is not nice
Submitted: 10 months ago.
Category: UK Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

How long have you worked for the care company?

Customer: replied 10 months ago.
2 month
Customer: replied 10 months ago.
Not signed contract either
Expert:  Ben Jones replied 10 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 10 months ago.

Many thanks for your patience. What the employer is doing in terms of ending your employment early is not unlawful – they are paying you in lieu of notice so as long as they pay you what you would have earned during the time they are asking you not to work then thy can do that.

The only issue then is the bad mouthing you have experienced by your colleagues. Such issues are usually dealt with internally through a formal grievance, or if things are really bad and force the affected employee to leave as a result – by making a constructive dismissal claim. Sadly you need 2 years to make such a claim and as you have only been there for 2 month you do not meet the minimum criteria to be able to claim. So doing anything about this is going to be relatively difficult.

The only other option is potential defamation if what they are saying is untrue and it affects your reputation or causes you to suffer losses. This is not an easy area of law but you can use it as a threat even if you do not pursue it formally.

This is your basic legal position. I have more detailed advice for you in terms of the law on defamation and how it can apply to you here, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 10 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 10 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.