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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44871
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am currently on maternity leave and due to go back

Customer Question

Hi,
I am currently on maternity leave and due to go back to work on the 14th September. I have applied for flexible hours and awaiting my employer's decision ( I work as assistant manager in a hotel).
Today, an unexpected news have reached me. One on my previous co-workers informed me that he was told by one of the hotel's staff that we ( my previous co worker and me) have the child together and that I had sexual intercourse with the previous co-worker.
This came as shock not only to my previous co-worker, but also to me, my fiance and the previous co-worker's fiancee. This is complete false accusation and affects not only my emotional well-being but also me as a person, me as a woman, me as a mother.
I am seriously considering giving my notice and... What else could I do? I would like to take the matter further, if this is possible.
Thank you,
Paulina.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.

started in November 2013, since September 2014 I am on maternity leave

Expert:  Ben Jones replied 1 year ago.
Your options would be somewhat limited here, mainly due to the length of service you have with the employer. Usually, in such circumstances you could consider resigning and making a claim for constructive dismissal. This is where the employer’s conduct (or that of its employees) has resulted in a serious breach of contract, such as breach of the implied term of mutual trust and confidence. However you require 2 years’; service to make such a claim as you do not reach that until November 2015 you cannot go down that route.
So legally this would have been your only option. You could potentially argue that this is also defamation but these are very expensive and complex claims (upward of £15,000 just to make the claim) and there is no guarantee you will get anything back so I would not recommend it.
You may raise a formal grievance against the person who made the false comments and that will be dealt with internally by the employer but you cannot realistically make any claim against them or the employer or pursue them for any compensation.
I hope this has answered your query, even though I appreciate it may not necessarily be what you were hoping for. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.

I am wondering if I could go back to work and resign in November and make the claim then.

Expert:  Ben Jones replied 1 year ago.
No you cannot, for such a claim to succeed you have to resign without undue delay, meaning as soon as possible after learning of the reasons you are relying on to resign. You cannot just delay your resignation so you can meet the criteria to claim - your claim will almost certainly fail.
Customer: replied 1 year ago.

Ok. Can I discuss the matter with the HR manager first and hear their response, and then raise the grievance?

I am not after money but formal apology.

Expert:  Ben Jones replied 1 year ago.
Yes you may do that. You can also ask for an apology but no one can force the other person to issue it but common sense would dictate that it is in the interests of all involved for that to happen another this whole issue can be resolved amicably.
Hope this clarifies your position?
Expert:  Ben Jones replied 1 year ago.
Could you please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? It is important for us to know either way so we can track customer satisfaction or identify whether I need to help you further? Thanks

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