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slander and defermation of character
6 Answers
i was dismissed from my job a few days ago on the grounds that i swore at a hotel worker whilst i was away on company buissness.....i didnt swear my former manager had several statements from the workers that were employed at the hotel which all say i swore but at different stages and different swear words(if that makes sense)......i was there with a former work mate we dont get on. he was talking to the worker in question then the altercation took place i was also with another worker who made a statement saying i didnt swear but still lost my job....im good at my job and have never had complaints about myself in fact the company have recived 1 letter saying im a credit to them....im going through an appeal as i type....but i feel i have made to look bad bad 1 of the workers said in her statement im a vile man to me that is slander and defermation of character ...would i be right in saying this im not that good on the law
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For a kick-off, slander is something that is said, libel is something that it written - so if it is anything, it is libellous.
However I'm not sure what you are after in terms of advice.
If you have been dismissed from your job instantaneously and without being paid notice period money, then your employer has decided you have committed gross disconduct. That's its opinion, and to challenge that and potentially get your job back, you need to go through the appeals procedure at work and if that fails decide if you wish to take the matter to an Employment Tribunal.
I wouldn't get tied up in the allegations that may be libellous - that would involve taking that person to court, involve hugely expensive lawyers and is normally reserved for 'stars' and 'celebrities' with oversized egos.
Your employer needs to make its case for your dismissal based on its investigation of ALL the evidence it has - not just one letter - and make its decision that (if necessary) can be shown to be fair under an ET.
I would try under the appeal to get the dismissal 'downgraded' to a Final Written Warning. Then keep your nose clean for the next 12 months until the warning period is lapsed.
However I'm not sure what you are after in terms of advice.
If you have been dismissed from your job instantaneously and without being paid notice period money, then your employer has decided you have committed gross disconduct. That's its opinion, and to challenge that and potentially get your job back, you need to go through the appeals procedure at work and if that fails decide if you wish to take the matter to an Employment Tribunal.
I wouldn't get tied up in the allegations that may be libellous - that would involve taking that person to court, involve hugely expensive lawyers and is normally reserved for 'stars' and 'celebrities' with oversized egos.
Your employer needs to make its case for your dismissal based on its investigation of ALL the evidence it has - not just one letter - and make its decision that (if necessary) can be shown to be fair under an ET.
I would try under the appeal to get the dismissal 'downgraded' to a Final Written Warning. Then keep your nose clean for the next 12 months until the warning period is lapsed.
Name calling is not 'defamation of character' its just someone's opinion.
Stick with the Tribunal (thru CAB, I hope) as am sure there's nothing in your Contract that says "I must not swear". So it's not a good reason to be dismissed. If you swore at a customer, that would be detrimental to the company's income and you could be dismissed on that score.
Stick with the Tribunal (thru CAB, I hope) as am sure there's nothing in your Contract that says "I must not swear". So it's not a good reason to be dismissed. If you swore at a customer, that would be detrimental to the company's income and you could be dismissed on that score.
Slander has to be an untruth, a lie, a statement of a 'fact' that is not true. Further, it must be believed to be an untruth by the person who made the statement - he must know he is lying.
To say you are a 'vile man' is erely an opinion and is considered 'fair comment'. No credence can be given to such a statement in any case - she has not said why she thinks you are a 'vile man'.
To say you are a 'vile man' is erely an opinion and is considered 'fair comment'. No credence can be given to such a statement in any case - she has not said why she thinks you are a 'vile man'.
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