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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50169
Experience:  Qualified Employment Solicitor
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A business partner sent an email to a member staff, with

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A business partner sent an email to a member staff, with copy to other staff members and made baseless allegations (see below text extract from the email) about unlawful behaviour on my part. Can you pls outline my possible cause of actions to right the wrong, thanks.
Text in the email "Thank you for your hard work and great work supporting the guys you will be very missed by them and me, sorry your experience of working in supported living hasn't been the best one and you have no ends of trouble with your wages and the mess you have witnessed due to the actions of 2 of the directors, this is not the usal way myself and Colin work and we have never experienced such unprofessional unlawful behaviours like this before"
How can I help with this please?
Customer: replied 2 years ago.
Hello, thanks for picking this up. I'm not happy with accusations of "unlawful" behaviour and wondered if this constitutes libel?
Customer: replied 2 years ago.
The accusation is totally baseless, but the message has been sent out to a wide group of people. I don't respond in some way, then they believe that I have indeed behave unlawfully?
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. How long have you worked there for?
Hello, not sure if you saw my initial query above - How long have you worked there for?
Customer: replied 2 years ago.
Hello, I am a part owner of the business and not an employee ...
Hello, the most relevant cause of potential action here would be defamation. However, 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. 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. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you decide to pursue this legally, 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, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50169
Experience: Qualified Employment Solicitor
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Customer: replied 2 years ago.
Thank you for your sound advice.
You are welcome, are you going to make a claim for defamation so I know whether you need details on that?
Customer: replied 2 years ago.
Thank you, ***** ***** will not be pursuing a claim for defamation, but may threaten to do so, if only just to get a retraction of the statement made.
ok, I think that is the best approach in the circumstances. All the best