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Hello, my name is Ben and it is my pleasure to assist you with your question today.
Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how what loss you have suffered?
I have lost 3 weeks work up to now as they agency have been unable to give me other work within the council
Ive also lost my good name and work reputation, the agency are unable to send me to any other school to work, but I am still working 4 hours at the weekend in a sheltered old people home for them and have been for 16 weeks. This I have been told I can continue to do
Whilst this may be a potential case of defamation (a false written or oral statement made without justification), such claims are extremely difficult to pursue. I will explain why below.
First of all, certain conditions must be met for the statement to be classified as defamatory. These are:
Consider whether all of the above criteria have been met. Even if they have, the claim will be pursued through the High Court. This inevitably makes such claims very complex and they require the professional help of specialist defamation lawyers. Therefore, they are very expensive and would cost thousands of pounds to pursue. There is no legal aid available so the claimant has to personally fund these costs.
Next, you need to consider whether the person that made the statement will be able to defend the claim. The following are acceptable defences:
Based on the above, it is clear that defamation is a complex and expensive area with no guarantee of success. It is traditionally an area reserved for big corporations or celebrities. I would therefore advise against pursuing a court claim for defamation as it is unlikely you will get much out of it and will spend a considerable amount of money in the process.
As difficult as it may be to accept these comments, you may eventually have to, although there is of course nothing stopping you from contacting the school and asking them to clarify or remove these comments.
Thank you. I was going to write to the council, as it has nothing to do with the school I was at. I work for the agency who are employed by the city council catering services. So I am within my rights to contact the catering services to remove those comments ?unless they clarify what they meant. I feel very victimised, in what they said. At no time during the shift did they speak to me or tell me I was doing anything wrong. Can that feedback go against me for a reference, would the agency have to include those comments in a reference?
Is there nothing I can challenge them with? as what they have written is not true
you can ask them to remove them but cannot force them to if they refuse , so you are more or less appealing to their good nature at this time. the agency does not have to include these comments in a reference, if they do they will not be doing much wrong as they are not the ones that made the comments, they have to trust their client, so you can only challenge those who made them.
But there is certainly no guarantee they will be included in a reference and you can also ask the agency that they do not include these
Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?
I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much