How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48168
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I have been fired because of slander and libel from my supervisor

Resolved Question:

I have been fired because of slander and libel from my supervisor and maganer. Supervisor told me to conscientiously carry out his instructions, which endangered the safety of other employees. Then the supervisor spoke with I was doing it willingly, and he seemed to me any command. July 11th I became fired a manager in the locker room told me that it has no objection to my work, but "the supervisors to complain." I had three supervisors but exactly know for whose terms. I know also that this situation lasts for years. The whole crew is poles, who did not speak English. Managers and supervisors speak only communicative. I speak without bigger problems, and after conversation with other employees know that such workers as I provide them with the threat and are fired without giving a reason. I would add that I worked there three weeks, and before that I had a stable job in the contract. When I switched to the new company after speaking with her ​​boss found out that I have guaranteed employment until at least February 2015. Otherwise, I do not stop to previous work. I would like to know what are my chances to prove he was fired not because of driving too fast forklift truck (I'm a forklift driver), but because ordinary supervisor dislike to me?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for? I am on the road at present so will only be able to respond fully later today, thanks
Customer:

3 weeks

Ben Jones :

Many thanks for your patience. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). So even if you prove that you were fired because of a personal dislike that will not change anything in the circumstances and you would still not be able to challenge the dismissal.

If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.

If you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

I do not want any compensation from the company. I do not want to also go back there to work. But I feel very disappointed that he was fired not because of my bad work, but just because someone felt threatened by my higher qualifications. I'm disappointed that more of the last three years I worked at an identical position in another company and no one ever had any objection to my work. So because of the alleged dismissal for fast driving a forklift impacts on my good opinions in the future.

Customer:

So I do not mean the mere fact of dismissal, but the dissemination of false information about me by the supervisor. There may be so, with someone talking about nonsense and nothing he can do. And my goal is to force companies to who has investigated thoroughly (which supervisor) spoke of such things. I would like to have it in any official form feed of power bring civil libel.

Ben Jones :

To pursue libel would very difficult and expensive, you are easily looking at a five-figure sum to start with which could significantly increase if disputed. Also if the employer can show they had evidence that this was what actually happened or that they genuinely believed it to be the case it would make it even more difficult. You also need to consider whether this will actually be a potential issue for you in the future - at present this is not the case because they have not stated this in a reference to any future employer. Only once the statement has been made can you consider taking further action. If that was to happen I would also not advise you pursue it as libel, rather as negligence for providing a false reference

Ben Jones :

Hope this clarifies your position?

Customer:

OK, I'm very grateful for help, thanks.

Ben Jones :

you are most welcome, all the best

Ben Jones and other Employment Law Specialists are ready to help you