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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 71390
Experience:  Qualified Solicitor
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If an ex employer is stopping me as a business owner having

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Hi, If an ex employer is stopping me as a business owner having partnerships is there a legal way I can make him stop. I worked for him 7 years ago and he is also partnered with the same company. The employment ended on a settlement.
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: no
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I currently own my own company
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We are both independent companies with no HR.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Hi there. What exactly is your former employer doing to prevent you from having partnerships? Please also explain the settlement agreement that was reached and what it was based on?

Customer: replied 18 days ago.
of course

Thank you. What exactly is your former employer doing to prevent you from having partnerships? Please also explain the settlement agreement that was reached and what it was based on?

Customer: replied 18 days ago.
The global partner has told him of my application as a courtesy and his reply was if you take her on I will leave

OK thank you, ***** ***** also explain the settlement agreement that was reached and what it was based on?

Customer: replied 18 days ago.
While in his employment he was racist, harassed me and I had evidence to prove this. The employment contract was so brief he didn't have grounds to fire me. I could have taken him to a tribunal. So I asked for 2 months pay and left.
Customer: replied 18 days ago.
Since then he has sent several emails to partners slandering my name.
After his employment I left and opened my own business.
Customer: replied 18 days ago.
hello?

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 18 days ago.
okay thank you. Do you need to know its a travel business and we both need to partner with a global company to function. We also work with VIP music artists so slander could loose me business. I also quit after been signed off for weeks sick, with exhaustion and depression caused by the job and had to go to therapy to deal with his abusive behaviour.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 18 days ago.
I didn't get an answer

Hi sorry I pasted the wrong text here, so please ignore that. The following was meant to be posted instead:

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

Can I just check exactly how he is stopping you – is he saying he won’t work with organisations you are trying to work with?

Customer: replied 18 days ago.
the organisation that I want to partner with, he is a member there too and he said if they take me on he will leave and slandering my name. The slander has been constant since I stopped working for him. So because he is a bigger earner than me the organisation have chosen not to work with me. However they said their decision isn't influenced by current partners.

Thank you very much for clarifying. Whether he leaves the organisation is up to him and making threats like that to try and prevent them from working with you is not unlawful – in the end it is up to them to decide whether they would rather have him stay on, or work with you. But what I mean is that someone threatening to stop working with someone if they go into partnership with you is not unlawful, just unethical.

In terms of the slander, it may 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 of doing so. I will try and clarify the position below to give you a better understanding and cover some of these practicalities.

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 them - 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. A solicitor can also be instructed to write such a letter, although here will be costs involved and it does not always make a huge difference. Either option could prompt the publisher 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.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 18 days ago.
This was sent in 2015 is this classed as defamation?

There is a time limit of 1 year to claim for defamation so even if it was, if it was sent in 2015 it is too late to be pursued legally

Customer: replied 18 days ago.
Thats fine but I have others like this I know about the year to claim, I just want to stop him from talking about me.

Realistically, you cannot stop him from talking about you, but if it becomes apparent to him that continuing to do so will result in legal proceedings, that bis what would hopefully prompt him not to do it again

Customer: replied 18 days ago.
okay so really the next step is a letter from a lawyer.

That can be a good start, it shows you are serious about this, although he can still ignore it, but you may as well start there

Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 18 days ago.
thank you

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best