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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 69167
Experience:  Qualified Solicitor
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If an ex employer is accusing you of taking and selling

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If an ex employer is accusing you of taking and selling class a substances at the Christmas party and this is just another thing to add to a long list of things they have falsely accused you of what should I do?
Assistant: Have any charges been filed? If so, when is the next court date?
Customer: No it's just an accusation with a threat if legal proceedings
Assistant: Where did this occur?
Customer: Christmas party
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Customer: replied 7 months ago.
Ok

Who are they making these accusations to, only you? Please note I am mobile today so may not be able to reply until later today thanks

Customer: replied 7 months ago.
They have accused three other staff members as they were ”acting strange” and I have an exit interview on Monday and I am seeking advice prior to that as it isn't true

Many thanks for your patience. If they are making false accusations, that could potentially amount 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.

Does this answer your query?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 7 months ago.
At the moment it is just an accusation and they have threatened legal action against the others bits there is no evidence and I haven’t done it

ok thanks, ***** ***** queries do you still have that you want me to answer please?

Customer: replied 7 months ago.
I am meeting my old employer tomorrow for an exit interview, if he implies that I am involved in drug taking at the Christmas party what should I say? I wasn’t and it is the main reason for leaving the employer was rumour and gossip

To be honest there is not much else you can say apart from outright deny it and also mention what I covered above – that publicising any such information, especially when it is not true, will leave you with no other option but to consider taking this further down the defamation route. Does this clarify things a bit more for you?

Customer: replied 7 months ago.
That’s brilliant thank you

All the best

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