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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50178
Experience:  Qualified Employment Solicitor
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I'm a store manager large retail company. An employee

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Hi. I'm a store manager for a large retail company. An employee put in a grevence against me for bullying and discrimination against her disability. My company investigated with no evidence found, then she appealed and the company did further investigating again with no evidence found. The employee has no resigned. She has gone to acas and myself and the company have received a employment tribunal court date letter. This is against me and the company have found no evidence. What will happen to me and can I put in a complaint for deformation of charater? Thank you .
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What exactly does she allege you were guilty of?
Customer: replied 2 years ago.
Hi. There's a long list. Me helping with her hearing and sight issues even though she doesn't wear glasses or an hearing aid. I'm not professional, single her out etc etc. all been investigated with no out come
Thank you for your response, which I will now review. I will get back to you as soon as possible. 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. In cases of alleged discrimination, it is possible for a claimant to make a personal claim against an individual as well as against the employer. Each party would then have separate liability for the alleged discriminatory acts. Often, employers may agree to work together and even cover the legal assistance of the employee who is involved out of loyalty but this is not a legal requirement. So if the employer does not want to assist you then you will have to defend yourself personally. However it is for the claimant to prove that there is sufficient evidence to give rise to alleged discrimination before the burden shifts on you to defend this so if there is insufficient evidence the clam could still be struck out at an early stage.
As to defamation, 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. 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
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