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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47376
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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hello, I have done something stupid during my lunch hour at

Resolved Question:

hello, I have done something stupid during my lunch hour at work, I made a sexual inneundo against the boss, completely joking, and it was reported to him, now he is threatening to take me to court
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Has he said what he ill take you to court for exactly?

Customer:

slander and deformation of character, (although think he means defamation )in his letter

Ben Jones :

So no internal disciplinary action?

Customer:

yes on suspension, and I know it will lead to dismissal, am on sick now due to all the stress, I will have to hand my notice in, as that will be better than being sacked

Ben Jones :

what exactly did you say?

Customer:

i said that another member of staff, 'is probably sucking him off. It was completely 'off the cuff'

Ben Jones :

You shouldn’t worry too much about any claim for defamation. First of all, certain conditions must be met for the statement to be classified as defamatory. These are:


 


1. The statement has to be untrue.


2. It must directly identify the complainant.


3. It must have been published, usually communicated to at least another person.


4. It must be in a form of words, which would tend to lower the claimant in the estimation of ‘right thinking members of society generally', expose the claimant to hatred, contempt or ridicule, or cause the claimant to be shunned or avoided.


5. Its publication has caused or is likely to cause serious harm to the reputation of the claimant.


 


Whilst it may be easy to prove that defamation has occurred, the legal process of pursuing such a claim is extremely complex and expensive. As this goes through the High Court, he would need the professional help of specialist defamation solicitors and the costs are undoubtedly going to run into the thousands right at the outset. Also there is no legal aid available for such claims so the complainant must fund these personally. So when you hear about defamation claims being made, these are usually pursued by big corporations or celebrities who have a public image to protect.


 


At this stage I would treat this as a threat just because he is upset at what has happened but I don’t see it progressing to a full blown defamation claim.

Customer:

he has sent me a letter telling me he is going to his solicitors on Monday, he wont be bothered about the money, he is a millionaire, I cannot afford solicitors fees, I am on my knees here, worried that I will get a big fine or go to prison

Ben Jones :

you will not go to prison for this, this is not a criminal issue, if he wins the court could award him compensation which you have to pay but if you can't then you can't, you may have to go bankrupt but this is the worst case scenario and quite a way off so don't think about it just yet as it may not get that far at all

Customer:

ok thank you for your help

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



www.justanswer.com/law/expert-ben-jones/

Customer:

do i have more time?

Ben Jones :

yes, for the same issue

Customer:

yes its the same issue, would you say I am better resigning than being sacked?

Ben Jones :

How long is your notice period?

Customer:

well initially I handed in 4 weeks notice, but that was not accepted, my FD says that I would be best to wait til my sick period is over then, just resign with no notice

Ben Jones :

But under contract what do you have to give?

Customer:

4 weeks

Ben Jones :

when did you try to submit it?

Customer:

Yesterday

Ben Jones :

your employer cannot reject your resignation - once it is submitted your notice period begins to run and you can leave once it has expired. So an employer's ability to refuse to accept someone's resignation is a myth. The issue there is that whilst you are working your notice period the employer could still proceed with a disciplinary and dismiss you, which means that your reason for termination would be dismissal, even if you had initially resigned.

Customer:

yes but then they would just dismiss me anyway with no pay, I thought it would be better just to resign, I am so distraught, i am considering suicide, doctor has put me on sleeping tablets and I have to go for counselling

Ben Jones :

you can still resign, I just can't promise what will happen in the meantime. You could still try and salvage this by approaching the employer and apologising, expressing remorse for youtr actions and basically asking for forgiveness. He may just be considering these actions as an immediate response, without having actually considered how it could affect you

Customer:

I have already written a letter to his personal address, I have not yet posted as missed the post tonight, but he needs it by first thing Monday morning, and I know the post is rubbish here, would you suggest hand delivering? or is it not a good idea to go to his property?

Ben Jones :

At this stage probably best not to show your face at his door, but send it special delivery perhaps, or if you can also email him that would be good

Customer:

yes , I have taken a photo of my letter with my phone, and saved on my desktop, so I could e-mail it to him, would you suggest I copied his solicitor in?

Ben Jones :

not unless you have been contacted by them or told he is formally represented in this matter by them, otherwise he can forward it to them if needed

Customer:

i just want to draw a line under all this and get my life back

Ben Jones :

of course, I understand, there are just a few more things to do to try and resolve this so don't automatically think the worst just yet, as mentioned the employer may just be angry about what happened and going gung-ho right at the start, only to realise with time that this may not be the best approach

Customer:

yes, I have already lost half a stone , I have barely eaten in a week, I only weighed 9 stone to start with

Ben Jones :

well this is one of those situations where only time will tell what happens and what we have discussed so far, with the first steps to do straight away, is the best you can do at this stage, then you must evaluate your options as things progress

Customer:

Thank you for your time, i do appreciate it

Ben Jones :

You are most welcome, hope it works out for you in the end

Customer:

thank you again

Ben Jones :

My pleasure, all the best

Customer:

how the

Customer:

sorry

Customer:

how do i leave a rating?

Ben Jones :

just click on the smiley face you choose

Customer:

cheers

Ben Jones :

let me know if it does not work

Customer:

oh yes, not paying proper attention

Customer:

oh yes cant leave it til we finish the converstion

Ben Jones :

ah its an occasional bug that prevents you from rating, you can just type it on here and we will deal with it later, thanks

Customer:

well thank you for the excellent service

Ben Jones :

thanks, XXXXX XXXXX resolve the rating at mynend

Ben Jones :

my end

Customer:

just one more thing

Customer:

I dont suppose it would look that good, a millionaire suing one of his employees

Ben Jones :

well,,,depends on who is judging, whether a lot of it goes public, etc - some people are ignorant of the potential effect it may have on them, others may take it into account, quite difficult to predict hat one

Customer:

yes good point

Ben Jones :

just see what happens, take it a day at a time

Customer:

Thanks again

Customer:

can

Customer:

can i save this conversation?

Customer:

sorry I am rubbish at the internet

Customer:

have just seen 'save and exit'

Ben Jones :

You have a few options:
a) If you see a 'share' button and hover over it you can see the option to print.
b) You could copy and paste this conversation into a Word document or equivalent. You can then save and/or print it and refer to it in the future as necessary.
c) This conversation will be stored in your account on this site so you may return to view it or do any of the above at any time

Customer:

great, bye for now

Ben Jones :

Bye

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