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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46196
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Please can you help as I worked out of a zero contract job

Customer Question

Hi, Please can you help as I worked out of a zero contract job over a month ago and sent in a 7 day work related stress not and letter outling why i left including intimidation and bullying. I rec a letter yesterday from my ex employer with no addresses on and incorrect addressed to me. I have been a wake for over 24 hours over its contents and responed back. I have been accused of allegation and item i was unaware of and had no idea what they were on about. I have been the victim of a blame campaign and my professional and personal reputation attacked by staff member who have stated 'I was under investigation for fraud and 'dismissed for stealing clients personal money which is untrue that they are making out what i've said which is the result of direct comments made by staff to myself. I would like to hand this over to a professional body can you help please
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.

Hello how long have you been working on this job for?

Customer: replied 8 months ago.
just 3over months including holidays
Expert:  Ben Jones replied 8 months ago.

Ok thanks leave it with me please I will reply fully this eve

Customer: replied 8 months ago.
If you email your address I can scan and send letter
Customer: replied 8 months ago.
39;Further to my email of yesterday I would like to clear the air and having no idea about the accusation and allegations in your letter. Since leaving I have be contact be numerous people and informed that ' I was under investigation for fraud' and 'dismissed for stealing clients personal money' which all was sourced back via Cascade. Obviously this is untrue and very upsetting for my personal reputation and my health.
Any knowledge I have gained that is negative to Cascade is seemingly commonly discussed within the community, has been relayed to myself and by others.
Malicious intent by others I have tried to nip in the bud and I would really appreciate if you would do the same and all this has had serious effects on my health.
I do not want any future misunderstandings or miscommunication and like yourselves willing to take this further should anymore 'hear say' is raised.
Expert:  Ben Jones replied 8 months ago.

Many thanks for your patience. The starting point is that if you do not have 2 years continuous service with an employer you are not protected against unfair or constructive dismissals. This means you could be dismissed or forced to resign for more or less any reason, as long as it is not linked to a protected characteristic, such as a disability, age, gender, race, religion, etc. The most likely link here would be your health and it would be relevant if you are deemed to have a disability.

In the legal sense of the word, disability can have a broad meaning and there is no single list of medical conditions that qualify. Instead, to establish whether a person is disabled, they need to show that they meet the legal definition of a ‘disability’.

The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.

I will break this definition down:
• Physical or mental impairment – this can include nearly any medical condition;
• Substantial effect – the effect must be more than minor or trivial;
• Long-term - the effect of the impairment must either have lasted or be likely to last for at least 12 months;
• Normal day-to-day activities – these could include anything considered ‘normal’ in a person's normal daily routine (e.g. walking, driving, speaking, eating, washing, etc.)

If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination, which means that they must not be treated unfavourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees.

What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances. Below are some examples:
• making adjustments to work premises;
• allocating some of the employee’s duties to others;
• transferring the employee to fill an existing suitable vacancy;
• altering the employee’s hours of work;
• allowing the employee to be absent during working hours for rehabilitation, assessment or treatment connected to their disability;
• acquiring or modifying specialist equipment;
• providing supervision or other support.

If someone who is disabled is being treated unfavourably because of their disability or their employer has failed to make reasonable adjustments it would potentially amount to disability discrimination. So you could consider a claim on these grounds.

In terms of the false allegations, that is potential defamation. The issue is that this is not easy to pursue. It is very expensive and complex so realistically it may not be possible. You can of course accuse the employer of making defamatory comments if they are alleging you did something wrong when in fact there is no evidence of it and they have not properly investigated it.

Finally, you may have rights on grounds of negligence if they were to provide an inaccurate reference with the allegations.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to pursue this matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46196
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 8 months ago.
hi Ben, thank you so much for your response and I have prepared to the correspondence for what I sent and what I have received to look at. Without a doubt defamation of character which I hope you will read and comment on please. I would like to proceed and can you recommend a no win no fee lawyer as I have enough evidence, witnesses, emails, a doctor certificate to justify my action
Customer: replied 8 months ago.
please can you give me your email so I can forward the damming letter and my letter
Expert:  Ben Jones replied 8 months ago.

Hi, please upload the letter using the paperclip icon, As far as defamation is concerned, whilst this may appear to be a potential case of defamation (this includes libel if it is in written form, or slander if it is in oral form), 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.

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.

We cannot recommend lawyers but you can search for one here:

http://solicitors.lawsociety.org.uk/?Pro=True

Customer: replied 7 months ago.
Hi Ben, thank you so much and I have attached my letter. Looking at the two options some of both would apply but the costs are out of my league. Looks like they have got away with it as is reflected by the high staff turn over and I just have to hope this is the end of the matter and lets hope karma plays it magic. If the is nothing more to be done I will cancel the offer. I would love for you to see their so called letter but can't upload it only by email
Expert:  Ben Jones replied 7 months ago.

Unless you can show that you were discriminated because of a disability, in which case you can contact ACAS to make a discrimination claim, I would not recommend a defamation claim

Customer: replied 7 months ago.
The only area of discrimination would have been not given the promised hours when another work went on maternity leave but again they use schematic or flip it back at you and hours were give to another work how move to the section i worked in and she had been on stress leave
Expert:  Ben Jones replied 7 months ago.

Sadly I do not see this as being discriminatory in nature to allow a claim

Customer: replied 7 months ago.
Hi Ben, On further reflection my original termination letter I cc ACAS. The private ltd organization operates as a 'not for profit' and it's focused on dealing with disabilities and mental health conditions.They were fully aware of my own anxiety which is a mental health condition which can be confirmed by my doctor and I have emails to evidence this. It's a shame you I can't email you their letter which is not on official letter head nor does it have my address on it. Again this is further evidence of the discriminating and trying to frighten and scare myself. I will send all the information I have to ACAS as this issue will not go away as they have a pattern of discrediting numerous ex employees. They have tried to discredit my professional and personal reputation and therefore I will send my side of the events. Again thank you for all your professional help and I remain sincerely ***** ***** Garland.
Expert:  Ben Jones replied 7 months ago.

Hello Mary, there would be a better case of disability discrimination rather than maternity discrimination, so as you are likely to have the disability and to have been treated detrimentally because of it, then you can try going own that route. To start the ACAS early conciliation process - the conciliation procedure and the form to fill in can be found here:

https://ec.acas.org.uk/Submission/SingleClaimantPage

Customer: replied 7 months ago.
Hi Ben, I have taken your advice and contact ACAS and I hope you will stay with me to check the form. I addition, I have made and emergency appoint with the doctors today as I have slept for 2 days and can't stop worrying which their letter indent to frightened and scare me as I haven't worked or gone out of the house for the past 3 weeks - fear! Obviously they are trying to blame me professionally and personally and have logged in supervision and emails why my anxiety has been raised.I will try and get their letter sent which doesn't so address and I'm an sure they would deny sending. thank you again and i feel absolutely stressed out. Amazing that they treat staff like this when they are task with proving care for disable with mental health condition. Wish I'd never gone worse 4 month I have done.
Expert:  Ben Jones replied 7 months ago.

You will be surprised as to what employers actually do, I have seen all sorts of appalling behaviour

Customer: replied 7 months ago.
Hi Ben, I have been to the doctors and I am on Valium for a month. She is aware of my medical history and repeat at least 5 times that I must report this to ACAS for my own sanity but for future employee that will go thro and have gone thro the same experience. I will take my time as I need to rest in completing an accurate claims form and email it to you before I send and I hope this is acceptable. As the doctor said even if I get a statement or retraction and apology will go a long way to the malicious intent of 'Blame culture' and discrediting my professional and personal reputation. I did explain that it triggered a panic attack and I did explode and put things on email and facebook but she said that this was a reaction to not been informed which they were well aware of previous reactions. Their letter when can get it too you is to frighten and scare me which that has been achieved, Thank you again and will be in touch when i have completed claims form as I am still frightened to death. Mary
Expert:  Ben Jones replied 7 months ago.

no problem, no need to rush with this just ensure it i done within 3 months as that is the time limit ...so you still have some time

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