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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I am the director of a local community centre i have been

Resolved Question:

i am the director of a local community centre i have been suspended from the board pending an investigation. in the meantime the other directors have displayed a letter/ notice publicly in the center, with my name stating i have been suspended pending an investigation. Is this deformation of character or slander.
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
How long have you worked at the community centre for?
Customer: replied 1 year ago.
I am a volunteer director, not paid. i have been involved with the company for over 2 years.
Expert:  Jenny replied 1 year ago.
Ok thanks I was not sure if you were an employee with the question.
For something to amount to slander or defamation of character there has to be a publically made statement which is untrue and has the effect of making a right minded individual hate or ridicule another.
Whilst this is annoying and probably not best practice the statement that has been made is not untrue and does not infer any guilt on your part.
If it is a local authority run leisure centre I would certainly complain to the authority about the implications of this and that it is not fair for the public to be aware of this when you have not had a chance to put your position forward. If it is public authority run you can quote the Human Rights Act and the right to fair trial.
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.
Expert:  Jenny replied 1 year ago.
Hello is there anything further you would like to know about this as I can see you have not yet rated my answer which is an important part of the process?
Customer: replied 1 year ago.
it is a community organisation, and they have posted this notice with no investigation taking place, no indication of when it will be done , not stipulating of how long the suspension is for will be conducting it. In relation to the public notice it stipulates:IMPORTANT NOTICE.
"As the elected chairman of the board of director, it is necessary to inform you of the recent decision made by the board. .....some information came to light with regards ***** ***** company's account. the subsequent action was taken by two elected directors....... &.......... were nit in compliance with our companies constitution or articles of association, therefore in the interest of the company, the board had no alternative but to suspend them and place the matter under investigation................ has been suspended from their role as director they will not be permitted to take an active part in the management of the company until the outcome of the investigation is complete.
it is our intention to keep you fullly informed of the outcome of the investigation.
yours sincerely
.........
chairman (on behalf of the board of directors)
Expert:  Jenny replied 1 year ago.
Ok so who is responsible for the organisation is it run by trustees?
Customer: replied 1 year ago.
yes it is run by trustees.Previous to the new directors, the organisation was run by myself and another director/trustee. We both ran the new company for just under 2 years.
Expert:  Jenny replied 1 year ago.
Ok I can understand why you are upset by this as it would be much more appropriate to investigate with you before jumping to conclusions and publishing this information.
This may be defamatory if there is no evidence that you 'did not comply with the company's constitution.
Quite honestly though unless you suffer a financial loss and the company has money to pay you compensation it is not worth claiming as it costs tens of thousands of pounds to raise such a claim.
You should ask the company to post a public apology to you though.
Customer: replied 1 year ago.
While it was run by me and someone else, we were responsible for for the accounts. So when the new directors took up office on 18 April 2015; they signed a document to say they want nothing to do with the accounts from the previous directors (Me and another) we filed the accounts ( for April 2014 - 31 March 2015) with companies house. Because we were the directors responsible for that period we did that... because we didnt consult them the have suspended me and put up the notice. i run a ver successful organisation in the community in my day job and this notice has affected both my reputation and standing in my community .
Expert:  Jenny replied 1 year ago.
This is why you need to ask them to retract the statement and apology. The reality is that to bring a defamation of character claim costs tens of thousands of pounds. Unless you suffer an equivalent financial loss it is simply not worth pursuing.
Sadly in the UK there is no compensation for the loss of reputation unless this causes you to lose a job or other businesses to lose faith in your organisation.
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