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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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My son has split with his gf she and her mother are now trying

Resolved Question:

My son has split with his gf she and her mother are now trying to say he cheated on a test in work and have sent in a complaint to his works,he is under investigation,also her mother has sent in a complaint about my husband who is a diabetic saying he is unfit to drive to the dvla,she works in the call centre of the medical department at the dvla ,what do we do is this a case if harassment or something as has she abused her rights of working.by the way my husband is fit to drive.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How long has this been going on for please?
Customer: replied 2 years ago.

3 mnths

Expert:  Jo C. replied 2 years ago.
And in that time there are only two allegations?
Customer: replied 2 years ago.

yes oly 2

Expert:  Jo C. replied 2 years ago.
But from two different people against your husband and your son respectively?
Customer: replied 2 years ago.

from his girlfriend and her mother for my son and her mother for my husband

Expert:  Jo C. replied 2 years ago.
thank you.
I just need 10 minutes to dictate an answer but I'm afraid it's bad news.
Customer: replied 2 years ago.

ok

Expert:  Jo C. replied 2 years ago.
Thank you for the information.
This is not harassment I'm afraid. It may be the beginning of a campaign of harassment but you are not over the hurdle yet. The basic reason is that there are not enough acts of vexation. For harassment to succeed you have to show that any one person has taken no less than two actions against another and that has not happened here. I do see your point which is that they are working together but that is a different point and much higher test.
In any event, there are other options. In relation to the complaint about your husband, if that is without basis then her report is a malicious communication which is a criminal offence and you can report that to the police. The practical reality is that the police may duck out of their responsibilities by saying this is a simple matter but at least you will get a crime number which will be useful the next time she misbehaves.
The report made about your son to his employer is also a malicious communication if it is untrue and you can report that to the police although you may face similar problems. That is also potentially defamation. Defamation is an extremely expensive action that you do not want to take lightly but one option is to get a solicitor or a barrister and a public access to write these people warning them of the laws on this point. That can very often be the end to the activity of a vexatious accuser.
If they do make further false allegations then you could revisit the issue of harassment because there is case law that supports you now.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

no thank you for your time

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
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