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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49790
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am employed as a domestic Gas Service engineer. I have been

Customer Question

I am employed as a domestic Gas Service engineer. I have been accused by a work colleague of a serious breach of the United Kingdom Gas safety installation and use regulations. This has lead to disciplinary action being taken against me. I know that in doing what I done, I was carrying out a well known, used and taught method of carrying out the task. I am wondering what my legal stance should be in this situation. Would this be classed as slanderous against me , and if so, is there anything I can legally do in response?
Submitted: 5 years ago.
Category: Law
Expert:  Ben Jones replied 5 years ago.
Hello, my name is Ben and it is my pleasure to be able to assist with your question today. Please let me know what happened after the disciplinary?
Customer: replied 5 years ago.

For Ben Jones only. Hi Ben, I've not heard a thing from my employer yet,as soon as I hear anything I'll be back in touch. Thanks for replying, Regards, Scott.

Expert:  Ben Jones replied 5 years ago.
This is not really something you should pursue as slander/defamation as such claims are extremely difficult to pursue. I will explain why below.

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 claimant.
3. It must have been made sufficiently public (communicating it to just a few people will not be enough).
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. The claimant must have suffered some form of special damage as a result of the comments (usually required to be some form of actual or potential financial damage, although in some cases damage to reputation can also be taken into account).

Consider whether all of the above criteria have been met. Such claims are also very complex and they require the professional help of specialist defamation lawyers. Therefore, they are very expensive and would cost thousands of pounds to pursue. There is no legal aid available so the claimant has to personally fund these costs.

Based on the above, it is clear that defamation is a complex and expensive area with no guarantee of success. It is traditionally an area reserved for big corporations or celebrities. I would therefore advise against pursuing a court claim for defamation.

This is something you need to pursue internally, such as through an informal complaint or through the formal grievance procedure.

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