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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46182
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi, I resigned from my current company on the 17th of March

Resolved Question:

Hi, I resigned from my current company on the 17th of March and gave my four weeks notice the same day. I've been looking for jobs and talking to recruitment consultants about new opportunities. My line manager was aware which recruitment agency I was talking to and she was using the same agency (but different consultant) to find a replacement for my position. Yesterday I received a phone call from my consultant and was informed there was a senior sales position available. I explained that I would still prefer to stay in a management role. He then replied "but I spoke to my colleague and she told me you are leaving your current role because you can not deal with the stress". I replied that I have never made such statement to anyone. I then asked my line manager if she has been talking to the agency because I heard such comment from my consultant. She admitted that she did say it but only to her consultant to find my replacement when she was asked why I am leaving.

I would like to know if I have a case here if I want to pursuit this in legal manner.

Thank you very much for your time.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Have you suffered losses as a result of these comments?

Customer:

from the conversation I had with the recruitment consultant he seemed reluctant to put me forward for any management role, because there was a boutique manager position available as he told me.

Customer:

I suppose it is a potential loss?

Ben Jones :

I am afraid there are no realistic merits to take out a legal claim in the circumstances. This is not a data protection breach because it was not data stored in a relevant filing system, such as your personnel record for example. It is not really defamation either nd in any event you must show losses have been suffered as a result and there s of course no guarantee you would have been successful with the job even if you had been pu foreard. Even then, such a claim would easily cost a 5-figure sum to pursue so realistically it is probably not going to be a good option for something that is risky and may not result in anything

Customer:

is there anything I can do in this case to prevent my current employer sabotage my job opportunities

Customer:

which I believe the comment she made is untrue

Ben Jones :

well you can accuse her of negligence if she provides false information about you which affects your job opportunities, it is the same as if she was to provide a reference that was untrue

Customer:

Ok, and this will also be difficult and not worthy of pursuing I assume?

Customer:

I will only have a case when I was offered a position and retracted because of her untrue reference, is that right?

Ben Jones :

that won't be as difficult but you still have to show that losses have been incurred, it is best to try and use it as a warning shot to prevent any further damage being done and only if it continues and you can then identify specific losses

Ben Jones :

So yes to your last comment

Customer:

Understand. Thank you Ben.

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46182
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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