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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49493
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was recently working for Amazon as a self employed driver.

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Hi. I was recently working for Amazon as a self employed driver. I worked for them for over 12 months.
I have just received an email saying my services are being terminated due to 3 customer complaints.
These were basically saying that I had marked a parcel as being delivered but not left the parcel.
Without coming out and saying it they are accusing me of theft which is something I have never done in my life.
I appealed the decision but to no avail.
Can I sue Amazon for wrongly accusing me of theft.
Their is no other explanation. And they totally refuse to supply me with any details of the alleged in delivered parcels.
Regards Gus.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

So did they carry out any type of formal investigation?

Customer: replied 2 months ago.
Hi I would presume that they did but I wasn't given any feedback. I asked for more details on which customers that had said they had not received their packages but they refused.
They accused me of multiple offences but would not give me any details.
Customer: replied 2 months ago.
I had a exemplary record with Amazon and have done for the last 12 months with my weekly delivery account always in the high nineties.
The most hurtful thing is being accused of stealing when I have never stolen anything in my life

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Many thanks for your patience. First of all in terms of the termination of your employment there, as you are self employed you cannot challenge it as you have no unfair dismissal protection.

In relation to the allegations of theft, the only way to challenge them is to argue this amounts to defamation. 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 rather difficult to pursue. Many people are keen on suing for defamation without having full appreciation of the law or practicalities in doing so. I will try and clarify the position below.

First of all, certain conditions must be met for the statement to be classified as defamatory. These are:

1. There has to be a defamatory statement - the assessment that is often used to establish this is whether the statement tends to lower the claimant in the estimation of right-thinking members of society generally

2. Its publication has caused or is likely to cause serious harm to the reputation of the claimant – this will vary based on what effect it will have but it really has to be something sufficiently serious

3. The statement has been published by the defendant to a third party

4. The claimant must prove that the words complained of were published about him - this should not be an issue if the claimant is named or clearly identified.

Whilst it may be easy to prove that defamation has taken place, the legal process of pursuing such a claim is often complex and prohibitively expensive. A claim must be made in the High Court and will likely require the help of professional defamation lawyers, so the costs will often be high right from the outset, usually in the thousands. There is also no legal aid available for such claims so the complainant must fund these personally.

You must also consider whether the publisher of the statement can potentially defend the claim. For example this can happen by proving the statement was true or an honest opinion which could have been made based on the available facts.

Instead of starting legal proceedings it would be best to contact the publisher of the comment, advise 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 and issue an apology. This could prompt them to reconsider their position, which would avoid the need for court action. Of course, if they refuse to comply the option of suing still exists, but consider the above information before going down that route.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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