Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Is this person still employed by the company?
No he left 1 month ago but contacting my current staff
Are the comments public or private?
Hi, the message is on Facebook and messaged the message straight to my current staff this morning. If you look a staff members facebook page it is clearly seen by all who look at his page.
This person’s conduct could potentially amount to harassment. The relevant legislation that deals with harassment is The Protection from Harassment Act 1997 in civil cases and The Criminal Justice and Public Order Act 1994 in criminal cases. The law states that a person must not pursue a course of conduct which amounts to harassment of another and which he or she knows or ought to know amounts to harassment. Although there is no definition of what specifically amounts to harassment, it would usually include alarming a person or causing them distress and must have occurred on at least two occasions.
First, you may wish to report this to Facebook as the comments are inappropriate so they could take action to remove them. If you have no luck with that then under criminal law, and if this is reported to the police who then take action, the punishment for harassment can be imprisonment and/or a fine. A court may also impose a restraining order for the purpose of protecting the victim.
In addition to criminal action, a civil claim can also be brought against a person who is alleged to be guilty of causing harassment. The courts would award compensation to the victim, something that is unlikely to happen if this is pursued as a criminal issue.
However, the police may not always get involved in trivial disputes so if they believe that this is not serious enough they could refuse to help and advise you that this is a civil matter. In such circumstances, the victim can warn the harasser that their actions are being treated as harassment and that unless they refrain from such behaviour in the future they will be reported to the police and legal action under harassment legislation taken against them.
Is it only harassment this can go under. Can I not let him know if he continues I can take him for slander or liable? What do I tell current staff about posts on facebook whilst employed and after leaving.
This is not really defamation (slander/libel) - calling someone a bad name would not really qualify and you are not really going to be able to sue him for it anyway, not least for the fact it is extremely expensive. As to current staff, any inappropriate posts whilst employed would amount to misconduct, and once they leave you will deal with them in the appropriate way, such as harassment
So where do I stand for me? my employees can go for harassment can I ?
if you are personally targeted they you could claim that too
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks
Thanks for the reply I am sorry had to attend to business. I think you have answered everything. I just cannot believe the audacity of people these days.
No problem, I agree but it is nothing new unfortunately, I have seen it all in my line of work and this is just another example so I am not that surprised, but it may be worse for you if you have not faced this in the past