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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Please can you advise me - I have an employee who has left

Resolved Question:

Please can you advise me - I have an employee who has left the company and is trying to get other staff to join her (we are a care agency) and she is spreading untruth about the company. She is saying we have lost contracts are being investigated and are shutting down. This is alarming our staff. Please help
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Does she have any restriction clauses preventing her from poaching staff?

Customer:

No - I am not worried that she has poached staff its just her slanderous remarks and defamation that is causing me uch concern

Ben Jones :

It could be indeed that her remarks either amount to defamation or malicious falsehood. Both are potentially unlawful; although you are looking at a civil action rather than a criminal. This means that to deal with this matter you are able to consider taking the matter to the civil courts and seeking either an injunction to prevent her from making any further remarks, or to seek damages for any losses you have already incurred.

However, as legal action should only be used as a last resort you may wish to try and resolve this in other ways, such as by contacting her first and advising her what her actions amount to. Be clear that it is illegal and that you request she immediately refrains from making any further untrue remarks about your business and that failure to do so would leave you with no option but to issue legal proceedings and seek an injunction and/or compensation for damages.

Request that she confirms in writing that she will stop making such comments and give her a deadline for complying. Monitor the situation and if she fails to respond and continues making such remarks then you can consider taking the matter for formal resolution in the County Court.

Customer:

Should I send a letter to this lady on company headed paper - obviously I do not want to set up a large solicitors bill as we are not a big company.

Not sure if you got my reply - as it has not appeared


Customer:

Sorry it has now

Ben Jones :

Ah I can see it, sorry I couldn't earlier. Whether it is on headed paper or not does not matter legally, you can certainly use it if you are sending this from the company rather than personally

Customer:

ok thank you - its so wrong that she is spreading these rumours as they are not true and the girls are getting really worried about their jobs. Thank you for your input.

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46227
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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