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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70186
Experience:  Over 5 years in practice
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A n employeer that used to work for my company has sent emails

Resolved Question:

A n employeer that used to work for my company has sent emails to my clients, existing staff and myself which are malicious. The emails sent to my clients claim that whilst she worked for me she had no CRB checks undertaken. This is untrue - we have copies. She sent an email to a staff member claiming I was having in incestuous relations with my son, who also works for the company. I am now in the unfortunate position of being investigated by the LA which is ok as I have all the required procedures in place but how do I stop this from continuing?
XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How many emails has she sent please?
Customer: replied 3 years ago.
A total of 6 to staff. 1 to all my clients, and a long one to myself last week - today I have received an email from the Borough stating she contacted whistleblowing department regarding her claim not to have had a CRB check. I have forwarded evidence however the original solicitors letter already stated we had a copy of her current CRB ANC made it clear her allegations were untrue. The email sent to a work colleague and a separate one to myself claims I'm in an incestous relationship with my son and advises me to close my business.
Expert:  Jo C. replied 3 years ago.
Thanks.

Does she have any money now?

Are you prepared to sue her?
Customer: replied 3 years ago.
I have no idea? I suspect she's out of work...
Expert:  Jo C. replied 3 years ago.
Thanks for the information.

There are a variety of options. This is a malicious communication and you can report that to the police which is free. Of course, it doesn't stop her doing it again but then nothing does really. There's no way of actually preventing people from misbehaving in law. All that can be done is to respond when they do.

Alternatively you could sue her in civil harassment. There is some very helpful case law now which effectively says that making untrue or exaggerated allegations against a person is harassment. The claim for money compensation will be pointless here because she cannot pay the award but the point of the exercise usually is to get the injunction order. An injunction order will not stop her making reports to the police but it can stop her from contacting people of the kind you describe.

Also, you could sue in defamation. That is expensive but an order to stop her repeating these specific allegations is usually available. The difficulty is that people like her usually just graduate on to making other allegations but then there are no risk prove options and its still worth doing something.

Hope this helps. Please let me know if you need more information.

Jo
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