Colleague has lied about my husband to try to discredit me and him

[katyandalfie]

Hi,
I have worked in an organisation for 7 years, the organisation being a residential landlord portfolio. My boss is the landlord, and I have recently also taken one of his properties as my home.
My colleague has taken a dislike to my husband (now a tenant/customer in the organisation), and has reported to my boss (in writing) that my husband has been making threatening phone calls to him. These claims are pure fiction, and my boss believes them to be fiction also.
I yesterday challenged my colleague about his lies and told him that my husband will be seeking a legal claim for defamation of character. With this, my colleague promptly handed in his office keys and phone and claimed he was quitting his job!
I have given him every opportunity to take back his lies to which he just ignores me.
My colleague telephoned my boss yesterday evening to tell him that he doesnt want to quit his job, but he his still maintaining he is telling the truth!
I have told my boss that I can no longer work with this man after the stress he has put on my family by trying to tarnish my husbands character, which my boss understands. I love my job, I have a very close relationship with my boss and colleagues but I cannot see a way forward which would involve me working with this guy!
I guess the question that I am asking, is can the actions of my colleague be taken as Gross Misconduct?
Thanks in advance

[bluebottle]

Re: Colleague has lied about my husband to try to discredit me and him

On the face of it, it appears that it may well be Gross Misconduct. However, I must caution you that going down the defamation route is not a decision that should be entered into lightly. It is a very expensive route to take. If it is only your boss that your colleague has bad-mouthed your husband to, then defamation is not, in my opinion, a route to take. Your husband may have a case under the Protection from Harassment Act 1997 (as amended). However, it will depend on what your colleague is hoping to achieve by bad-mouthing your husband that will determine the most appropriate route to resolving this matter.

[katyandalfie]

Re: Colleague has lied about my husband to try to discredit me and him

Thanks for the reply, defamation is not really the road we want to go down. I t was kind of a bluff to get him to come clean. I don't want to give up my job, nor does my boss want me to. I will not be able to continue working with him, and want to be able to advise my boss that he would indeed have a fair case for gross misconduct.

[bluebottle]

Re: Colleague has lied about my husband to try to discredit me and him

It sounds like you have a good boss, which is rare these days. Obviously, your boss cannot allow your colleague to continue to behave in the manner in which he has been behaving. Has your boss considered challenging this colleague about his allegations? It might be something you and your boss should discuss. My personal view is that your colleague is putting his own job on the line if he continues with the course of conduct he is currently embarked upon.

It might be worth speaking to ACAS about this and seeing what they say. They provide impartial advice to both employees and employers.

[katyandalfie]

Re: Colleague has lied about my husband to try to discredit me and him

Yes, he has been challenged by my boss, and he has continued to lie. Even when my boss advised him that my husbands phone was actually out of service for the entire day that the alleged calls were made, my colleague said it was a "payphone then"
Yes, we have a great boss, and this has made my predicament worse given that I know how much stress this will in turn cause him. I do need to stand up for what I know is correct

[bluebottle]

Re: Colleague has lied about my husband to try to discredit me and him

This colleague of your's sounds a right bully. And one that bullies both colleagues and management. I think that ACAS is, probably, the best route, at the moment, if only for advice that is to your benefit and that of your boss.

[charitynjw]

Re: Colleague has lied about my husband to try to discredit me and him

I agree with bluebottle re ACAS
An independent, expert evaluation will be worth it's weight in gold!

[enquirer]

Re: Colleague has lied about my husband to try to discredit me and him

As an employee, file a formal grievance against your colleague.

Sort it out behind the scenes with your boss - you want this jerk gone, and so presumably does he, so ensure that he has the means to legally do so, via Gross Misconduct.

[wales01man]

Re: Colleague has lied about my husband to try to discredit me and him

Boy am I glad I was self employed and always the boss never had problems with co workers did the job got paid no hassle on that front,mind you not much security no holiday pay Katieandalfie looks like you got a good boss should come good in the end

[charitynjw]

Re: Colleague has lied about my husband to try to discredit me and him

As an employee, file a formal grievance against your colleague.

Sort it out behind the scenes with your boss - you want this jerk gone, and so presumably does he, so ensure that he has the means to legally do so, via Gross Misconduct.

The problem here is that it leaves the employer open to a potential claim of unfair dismissal.
If ACAS were involved, it would carry a lot of weight with the ET.

[bluebottle]

Re: Colleague has lied about my husband to try to discredit me and him

The problem here is that it leaves the employer open to a potential claim of unfair dismissal.
If ACAS were involved, it would carry a lot of weight with the ET.

Exactly. ACAS also offer a mediation service, if required.

[enquirer]

Re: Colleague has lied about my husband to try to discredit me and him

The problem here is that it leaves the employer open to a potential claim of unfair dismissal.
If ACAS were involved, it would carry a lot of weight with the ET.

If the grievance/Gross Misconduct aspect is set up properly, then the employer should be safe, although that said, it is true that we do now live in the age of 'no-win no fee' lawyers and spurious lawsuits.

ACAS would provide greater weight, as you say.

However, it still doesn't preclude a bogus lawsuit, as these are often filed, not in anticipation of winning, but in the expectation that the victim will find it so awful that they pay up regardless.