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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6545
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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If the new joiner to postion of the editor of one of the leading

Customer Question

If the new joiner to postion of the editor of one of the leading media corporations makes degrading for third person public statement in media outlets after accepting the job offer but before starting the job, can the mentioned third person bring legal case with claim against the corporation which has already recruited the mentioned joiner?
Submitted: 3 years ago.
Category: Law
Expert:  Jenny replied 3 years ago.
Hello and welcome to Just Answer, are you the person about whom the comment has been made?
Customer: replied 3 years ago.


yes, I am

Expert:  Jenny replied 3 years ago.
was the statement made in the name of the organisation or could they be identified from it?
Customer: replied 3 years ago.


The statement was not made in the name of the organization. But the new joiner made a statement after some media outlets reported news about new senior editorial position the joiner received in that prominent media organization.

Expert:  Jenny replied 3 years ago.
is there a particular reason you want to sue the organisation and not the individual?
Customer: replied 3 years ago.


1/ first of all, I'd like to know whether I am eligible to/I can sue the organization.


 


2/ secondly, I am aware that according to the rules and principles of the organization, any public statement or interview made by their employee or person affiliated with them must be agreed or approved by the editorial management


 


3/ thirdly, detrimental and degrading comments made by a new joiner is being seen as a view of the organization unless the organization publically has made proper statement distancing it from the author of the degrading statement. But they did not made any public statement, which means they share views of their new joiner.


 


These are the reasons.

Expert:  Nicola-mod replied 3 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

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Thank you!
Nicola
Customer: replied 3 years ago.


Thank you, XXXXX XXXXX your reply.


Yes, I'm OK with continuing to wait for the answer and pls continue your search.

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Customer: replied 3 years ago.


Thank you Nicola,


 


I am wating and would be ready to reply when Your Expert needs more information.

Expert:  Nicola-mod replied 3 years ago.
Hello,

I apologize as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

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Customer: replied 3 years ago.

Thank you, XXXXX XXXXX letting me know.


Yes, I would wish you to continue to search for someone to assist me.


 


 

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Customer: replied 3 years ago.


Thank you Nicola for letting me know

Expert:  Nicola-mod replied 3 years ago.
Hello,

We are still searching for a Professional to assist you. No need to reply further at this time.

Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 3 years ago.
Hello,

I apologize as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 3 years ago.


Hello, I would like the search to be continued.


Best regards

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 3 years ago.
Hello,

I apologize as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 3 years ago.

Hello, I wish you to continue to search.


Thank you.

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Michael Holly replied 3 years ago.

The principle of vicarious liability for the acts of employees would only apply if he was an employee and as such he would have had to have actually joined them for you to be able to sue the organization.

I hope this helps.If there are any further points please reply.

Best wishes

 

Yours sincerely

Customer: replied 3 years ago.

He has accepted the job offer and his appointment to a senior post was announced in the Corporation and published in the media. Doesn't this mean that this person has become an employee of the mentioned Corporation?

 

 

Expert:  Michael Holly replied 3 years ago.

Not unless he had actually signed the contract of employment or actually started to work. Even if he signed the contract it would only operate from the date the employment was stated to start in the contract terms of vicarious liability.Until that point he is not an employee.

 

Yours sincerely

Michael

Customer: replied 3 years ago.

According to UK law "once an offer has been accepted, a binding contract is made".


Doesn't this mean that offeree and offeror have already reached the state of the legally binding obligations?


Moreover, now employees of this corporation accept their contract electronically.


I.e. the email containing job offer and contract, conditions of service, and other enclosed documents such as Editorial Compliance Form and Declaration of Personal Interests are being submitted electronically by one go. And all that work had been done well 1 month before the mentioned above degrading statement has been made.

Expert:  Michael Holly replied 3 years ago.

It can be a very fine line between a job being offered in principle and negotiating and the position where there is a binding contract. It is possible he was bound at that stage even though he had no actually started.What you could do is write a letter before action setting out the claim to the employer and see what comes back.

 

Yours sincerely

Michael

Customer: replied 3 years ago.

Shall İ include in this letter my wish to bring the claim against employer for damages to compensate the harm caused to my reputation by the derogatory comments made by their senior employee (recruitee) in media?

Expert:  Michael Holly replied 3 years ago.

Yes ,because then they will be forced to tell you whether he was an employee at the time in order to defend themselves.

 

Yours sincerely

Michael

Customer: replied 3 years ago.

I' ve already sent them letter.


They replied that this person was offered the job, but had no contractual relations with the organisation when he made his (derogatory) comment.


 


But I have the evidence that he had already accepted the job offer when made his comment, i.e. this person was in binding relations with the corporation.


 


So I am dissatisfied with the reply of this corporation as it has been seen like attempt to keep themselves away from the comments made by the person approved by them for senior job in this organisation.


 


In this regard, who should judge which party is right (me or corporation) ?

Expert:  Michael Holly replied 3 years ago.

They are saying he had not signed his contract at the stage when he made the statement and so, no vicarious liability.The position would be viewed that he had accepted in principle but not all the details had been agreed and no contract signed.

 

Yours sincerely

Michael

Customer: replied 3 years ago.


Doesn't their reply amount to the meaning that the process of accepting the job-offer by mentioned person has not been finished yet?

 

Or I can put it in different way : Weren't they - the person and the corporation- in binding relations when the comment had been made as the person had accepted the job-offer 1 month before?

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