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leanne-jones, Barrister
Category: Law
Satisfied Customers: 183
Experience:  Barrister
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my former nanny is taking me to employment tribunal for unfair

Customer Question

my former nanny is taking me to employment tribunal for unfair dismissal. there was a procedural defect on my part. i accept the possible consequences of my ignorance. however, i would like to take her to court on the tort of libel and negligence. she made a malicious report about me to child services when she was dismissed, resulting in investigations which were ultimately dismissed, but not before intense grief, gp being called, school being dragged in, gossiped to other people one of whom has written a statement about her malicious gossip. she also reported me to the police for racism (again dismissed as nonsense) and she also contacted my ex partner with malicious claims about my mothering. when she was employed by me, she worried my little girl with claims of child abduction and death regarding other children, and she was spiteful and negligent. so i sacked her. i know this is not an employment matter, but i want to take her to court for defamation (my reputation is damaged thanks to her claims) and she was negligent in her role as a nanny (causing fear and worry to my child). i am tired of being bullied and i expect an apology and a statement from her retracting her claims to give to my gp, the school, my ex partner. is this feasible?
Submitted: 4 years ago.
Category: Law
Expert:  leanne-jones replied 4 years ago.
Hello - my name is Leanne and it will be my pleasure to assist you today.

How long was she with you and what is it you want to achieve?
Customer: replied 4 years ago.

october 2011 to jan 2013. she has made my life hell since i dismissed her finally because i couldn't put up with her increasing bad attitude and inability to work as a team. i sensed she was not genuine and had jealousy issues. she reported me to social services when she was dismissed, made up lies about me, gossiped to other nannies at the school and one mother told me about what she was saying, reported me for racism to the police, and now she wants compensation for unfair dismissal. what i want to achieve is some justice. i would like to sue her in any way i can in response to the lies and misery she has put me through. she has literally made the last year at my daughter's school la year of unhappiness and pain when it should have been one of the happiest. i feel that suing her for defamation, would go some way to redressing the balance. i would also like to know if there is any legal redress against her for wasting police time, harassment and being generally a lying cheating piece of work that needs shouldn't be allowed near a child as a nanny. she told my little girl horrible stories about stolen children, she was a complete covert bully.

Expert:  joannem1965 replied 4 years ago.
Hi there I'm sorry to hear of the issues you've been going through with this person. You've got a tribunal claim to defend now and that'll be separate to any other claims you want to make against her. You've brought up defamation/libel and whilst that's a possibility I'll have to give you a more realistic outlook on these types of claims before you decide if you want to make them. A defamation claim's not easy in any respect - it's expensive, lengthy and you'll need a defamation lawyer to do it for you - it'll cost you an average of 15 thousand, if not more. You may still wish to go ahead with this but then you can't guarantee you'll win so could end up spending a lot for nothing. She can't be forced to apologise to you either - just to pay damages as compensation. If she can't afford to pay you she'll just go bankrupt and you won't get a penny from her. So maybe not the best idea in the circumstances to sue for defamation. Instead if she's frequently making false allegations about you you could think about reporting her for harassment to the police. Legal action's also an option - you can get more details here: Good luck
Expert:  leanne-jones replied 4 years ago.
Sorry for the intervention above.

You could indeed issue proceedings for anything that has been said or written that is untrue. You would need to issue proceedings in the High Court and there would be a jury trial. The test that would be applied by the courts is whether the matters complained of are likely to lower your reputatation amongst your peers. That is what you need to show.

You would need a solicitor and probably a specialist barrister to represent you in court and prepare the case. Tradionality this is very expensive as my colleague has mentioned and of course there is no guarantee that you will win. You are unlikely to get legal aid but costs would normally be awarded to the winning party.

This means that if you win, you would normally be awarded your costs. But getting paid those costs is another matter all together. Of course if you lose you would have to pay your own costs plus the costs of the other side. This is sadly why it tends to be rich people who can afford to bring claims.

I would concentrate on your Tribubal case as that is most pressing at the moment. If you have home or motor insurance with legal cover this may covet you for this hearing.

I am sorry if this is not the answer you want but I have a duty to provide you with an honest answer, even if it is not what you want to hear.