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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6390
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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If a couple of employees make imagined & unsubstantiated allegations

Resolved Question:

If a couple of employees make imagined & unsubstantiated allegations about my abusing my role as a trustee of a charity for personal/family reasons - and I can clearly show them to be conclusively incorrect - is there anything more that I can do, apart from providing this evidence of their incorrectness? I would like those concerned to formally retract what they wrote (to me and other trustees in a letter along with other grievances) - or ideally to formally apologise.
Is there any way I can demand such a retraction for what seems to me essentially to be defamation of character?
If they refuse to withdraw the statements, would it be wise to leave the matter at that, possibly festering in the future? Or could their conduct be looked at in a disciplinary procedure?
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. Who is the employer in this situation and how long have the employees worked for you?
Customer: replied 2 years ago.

The employer is the charity, governed by a board of trustees (including me & 8 others) delegating recruitment etc. to the manger. The employees have worked for more than 4 years.

Expert:  Jenny replied 2 years ago.
Ok so the board takes the decision to hire and to dismiss the employees. In an ideal world what would you like to do?
Customer: replied 2 years ago.

Ideally, they accept their error and withdraw the allegations. If not, are their potential grounds for dismissal?

Expert:  Jenny replied 2 years ago.
Did the employees have malicious intent in making these allegations?
Customer: replied 2 years ago.

I think so, but how can I say for sure?

Expert:  Jenny replied 2 years ago.
Have you asked the employees or carried out an investigation yet?
Customer: replied 2 years ago.

Asked them in writing but no investigation as yet.

Expert:  Jenny replied 2 years ago.
From an employment law point of view the first thing that the board needs to do is to put the allegation that they have maliciously tried to damage your reputation to them and to hold an investigation meeting. At that meeting if an apology will resolve the situation then this can be put to them as a possibility. If you are not satisfied that they have acted in a manner which is acceptable to the employer and that there has been malicious intent then they can be suspended pending a disciplinary hearing on the grounds of gross misconduct. If their actions could bring the employer into disrepute then this the ground that should be put to them.
At all times you should give them the right to appeal and the right to be accompanied at disciplinary hearings.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Jenny and other Law Specialists are ready to help you
Expert:  Jenny replied 2 years ago.
Is there anything further you would like to know about this?
Customer: replied 2 years ago.

Thanks, ***** *****

Expert:  Jenny replied 2 years ago.
No problem, I would be grateful if you would take the time to rate my answer as I am not otherwise credited for the time I have spent answering your question today.
Thank you an all the best with this. If you need to come back to me in the future then please do.