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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47898
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Evening, quick query - my former employer has lied about me

Customer Question

Evening, quick query - my former employer has lied about me in an email that was sent in reply to a question from The Data Protection organisation. How should I deal with it, who should I go to, Solicitor or Police? Hope you can assist. Thank you, Connie
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What has happened exactly, can you please provide ore detail?
Customer: replied 1 year ago.
It started during my divorce, my ex sent an email to my employer, who then printed off a copy for me. This email was among at paperwork I gave to my barrister and it was referred to in court. My employer claimed my ex was taking him to court, I'm not sure if this actually happened however my ex involved Data Protection. They contacted my employer and my employer replied stating I had obtained the email from his desk and that I had admitted to taking it during an interview with another senior member of staff. I must point out my employer gave the email to me, I did not take it from his desk and the so called interview with another member of staff never happened, that is a complete lie. I recently contacted Data Protection and they sent me the correspondence, it is quite redacted by it clearly shows the lie in print. I feel very wronged by this and I'm not sure where to go with it.
Expert:  Ben Jones replied 1 year ago.
Have you suffered any losses as a result?
Customer: replied 1 year ago.
No I haven't
It's just the knowing that someone has lied about me
Expert:  Ben Jones replied 1 year ago.
This is not a matter for the police so there is no point contacting them. This is really a potential case of defamation (this includes libel if it is in written form, or slander if it is in oral form), although such claims are extremely difficult to pursue. Many people are intent on suing for defamation without having any appreciation of the law behind them, so I will try and clear things up for you now. First of all, certain conditions must be met for the statement to be classified as defamatory. These are: 1. The statement has to be untrue.2. It must directly identify the complainant.3. It must have been published, usually communicated to at least another person.4. It must be in a form of words, which would tend to lower the claimant in the estimation of ‘right thinking members of society generally', expose the claimant to hatred, contempt or ridicule, or cause the claimant to be shunned or avoided.5. Its publication has caused or is likely to cause serious harm to the reputation of the claimant. Whilst it may be easy to prove that defamation has occurred, the legal process of pursuing such a claim is extremely complex and expensive. As this goes through the High Court, you would need the professional help of specialist defamation solicitors and the costs are undoubtedly going to run into the thousands right at the outset. Also there is no legal aid available for such claims so the complainant must fund these personally. So when you hear about defamation claims being made, these are usually pursued by big corporations or celebrities who have a public image to protect. You must also consider whether the party alleged of making the defamatory statement can defend the claim. Even if you satisfy the criteria to prove the statement was defamatory it could be defended on a number of grounds, including by providing evidence that the statement was substantially true or an honest opinion. There is of course nothing stopping you from contacting the other party and threatening them that what they have done amounts to defamation and that you will consider pursuing the matter further if they do not retract their statement. This could prompt them to reconsider their position, but I would not recommend that you actually proceed with a claim for defamation due to the issues highlighted above. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
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Customer: replied 1 year ago.
Thank you for your assistance, your answer did help me put things straight in my mind. I will rate you now. Thank You, Connie
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best