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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I am a senior member of staff in the NHS. I have recently

Resolved Question:

I am a senior member of staff in the NHS. I have recently been subject to defamatory remarks made in meetings and then a report circulated with false defamatory content. I wish to take this further and wonder what is the best way forward. The defamatory comments were in relation to my professional behaviour and I believe that they have the potential to damage my reputation.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. How long have you worked there for?

Customer:

Hi

Customer:

I've worked for the Trust for over 20 years.

taratill :

Have you done anything about this at all yet and what outcome do you seek?

Customer:

I am off work at the moment with work related stress. I feel as though I want to take the case further because the first incident was in December last year and although I reported it to my immediate manager and asked her to deal with it informally, nothing was done. The people involved have behaved very unprofessionally and I do not want anyone else to go through the experience I have had. I am supported by all my colleagues and I am confident that the remarks made are not valid.

taratill :

Have you raised a formal grievance?

Customer:

No, I'm not sure whether that's the way to go. I've heard that grievance procedures can be very protracted and quite traumatic - I'm not confident that the Trust would be impartial because it is a corporate department that is involved. Is there a mechanism for taking it further from an external source or is it better to go through the Trust's own grievance procedure?

taratill :

Hi the appropriate course of action is to go through the internal grievance procedure. Your employer owes you a duty of trust and confidence to ensure that you are not subject to defamatory remarks in the workplace and are the correct body to deal with the matter. It is rare that an employee can claim 'defamation' in the civil courts as remarks made in the course of employment are not considered to be adequately 'publically made' to meet the legal definition of defamation. If your employer fails to deal with the grievance appropriately then you may be able to consider the contract terminated by them and resign and claim constructive dismissal.

taratill :

If your employer cannot deal with it adequately you may be able to involve ACAS in a concilliation process. You can contact ACAS to see how and when they could become involved.

taratill :

Their details are: http://www.acas.org.uk/index.aspx?articleid=1461

taratill :

Also if you are in a Union they may be able to assist you.

taratill :

If you have any further questions please do ask.

Customer:

That's really helpful, thank you. I shall contact the Trust tomorrow and say that I am going to go down the grievance procedure line. I only have 12 months before I retire and have had a blemish-free career. This episode is really upsetting and I feel that I need to put my case forward. Many thanks.

taratill :

no problem at all. All the best with it and do come back to me in the future if you need to. I would be grateful if you would take the time to rate my answer.

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