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JGM, Solicitor
Category: Law
Satisfied Customers: 15549
Experience:  30 years as a practising solicitor.
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If an member of St. Andrews University staff slanders me at

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If an member of St. Andrews University staff slanders me at a meeting at which her statement was subsequently minuted has she committed slander or is it corporate liability?
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: It relates to a constructive dismissal claim which is currently being considered by the Employment Tribunal which will be held on the 22nd. June. The evidence appears to be overwhelming in my favour. The minutes of the meeting were witnessed by several members of a committee and have been produced as part of the Tribunal claim. I would assume that if these minutes are accepted as " true" evidence and the Tribunal upholds my claim, i am in a position to sue. The only issue is who?
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: This is actually the basis of the claim. I am an Architect by profession, however I am also an international jujitsu instructor. I teach the students jujitsu. The contract which is being considered relates to my employment status. The contract allows me to be employed by the University whilst being self employed as an Architect.My representative, who is both an HMRC auditor and employment tribunal rep. for the civil service union ( he is also a jujitsu instructor) clearly believes as I do that I am a "volunteer worker" which retains some employment protection under the legislation as i only got paid minimal sums and expenses since 2009. The Tribunal is actually a claim for minimum wage at this stage.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Once the Tribunal rule, which I hope will be in my favour, the constructive dismissal case is confirmed as their entire defence is based around not being an employee therefore they can do and say what they like with impunity. The slander thing is about a reputation built up over 40 years in the martial arts fraternity. The alleged reason for my dismissal was an alleged abuse of a student. I actually told them to turn their music down as I could be heard delivering the class. I had previously complained about them and the allegation was a chance to get back at me

Thanks for your question. I am a solicitor in Scotland and can help you with your question today. A defamatory comment made in public is actionable against the person who made the remark. It is also actionable against any person or body that repeats the remark such as is the case when the remark is minuted. Also remember that the initial remark, whilst not imposing what you describe as corporate liability (there is none), would bring to issue the question of vicarious liability, ie, the principle whereby an employer is liable for the delictual actions of the employee while acting in the course of employment. So for the initial remark, you could sue employee, employer or both. For the recording of the remark in a minute, you could sue the employer. I hope that helps to answer your question. Please leave a positive rating on the star rating system which is usually at the top of your screen. That will allow JustAnswer to credit me for helping you today.

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