Help with bogus claim against a company.

[wales01man]

Re: Help with bogus claim against a company.

I cannot offer any Legal advice but the more that comes out the more I get the feeling the OP may well have a strong case against them and they are worrying about the case and costs and maybe their business reputastion,quite right I suppose.time to consult a solicitor to prepare a defence ?

[MissFM]

Re: Help with bogus claim against a company.

You provided a reference.....She made a protected disclosure......For a reason relating to the disclosure you retracted the reference........You thereby subjected her to a detriment (and gave her a claim against you).

Thank you, Mariefab, for putting things so simply and clearly. x

[CleverClogs]

Re: Help with bogus claim against a company.

@Miss FM we did it (retracted the reference) because we were not 100% sure the claim was genuine, we retracted it "pending" the outcome of the investigation. we took a view not to provide a reference while the investigation is on going, why do you consider that a big mistake?

It is the equivalent of pinning a notice to your back on which you invited strangers to kick you.

Idiots.

[CleverClogs]

Re: Help with bogus claim against a company.

@charitynjw we didnt provide a negative reference we simply didn't want to take sides while the facts (police investigation) were clear. we didnt want to provide a reference in case the claim of sexual harassment was found to be false by the police, in case it was found to be genuine we would proceed with a positive reference, hence the "pending investigation" clause in our refrence retraction letter. we safe guarded her interests at work (worked with police) but when the third pary was involved (the new job reference) we though best to wait for the outcome of the police. isnt that the right thing to do?

A neutral and factual reference, stating dates of service, would have sufficed.

By alluding to a police investigation - which, being unspecified, could be for almost anything - the impression may have been given that your former employee might have committed an offence.

Do you also drive a motor-car without bothering to think what you're doing?

[CleverClogs]

Re: Help with bogus claim against a company.

it was to her and the company we were retracting the reference from

Then your statement (retracted reference) was potentially defamatory.

If you still retain any vestiges of wisdom, you will apologise, agree with your former employee a statement to the effect that she was not suspected of any offence and try to settle the claim out of court as swiftly and painlessly as possible.

[Nem]

Re: Help with bogus claim against a company.

ok but does the court take into account the reason why the reference was retracted or is it black and white as you say?
if the alleged sexual harrasment is false or police investigation results show its false were we not correct to protect the third party from potentially employing someone of such character?

[CleverClogs]

Re: Help with bogus claim against a company.

I had hoped that my plain and blunt statements would work, but it would seem it hasn't.

Very well.

You should not have tried to retract thr positive reference you had given.

You should certainly not have alluded to any police investigation in the way you did, which could give the impression that your former employee was the subject of the investigation.

You should not have made that utterly stupid statement to any future or prospective employer of the unfortunate lass.

Your excuses or rationalisations for what you did are not worth a thing as - unless the other side is equally daft - you will lose.

In the name of your grandmother's preferred sky-fairy, take your head from up your jacksi long enough to consider how you would feel if someone had treated you in like manner. I rather doubt that you would like it.

Your only hope is to settle, and quickly, with a gagging clause preventing your former employee from telling what happened.

[bluebottle]

Re: Help with bogus claim against a company.

ok but does the court take into account the reason why the reference was retracted or is it black and white as you say?
if the alleged sexual harrasment is false or police investigation results show its false were we not correct to protect the third party from potentially employing someone of such character?

When a case goes before a civil court, the judge who presides over the hearing has to test and weigh the evidence from both claimant and defendant, both advantageous and detrimental, and decide, on balance of probability, whose evidence carries more weight and is more credible. Also, be aware that a judge is going to interested in facts, not opinions, supposition or conjecture.

Yes, the court will want to know why the reference was retracted and the reason for retraction was worded in the way it was.

Looking back over your earlier posts, you have described what happened and, to be honest, there is a difference between sexual harassment and what you have described. To the best of my knowledge and belief, the police, these days, do not normally get involved in matters of sexual harassment, but they do get involved in matters of Indecent Assault.

I have to agree with Clever Clogs and others that, in the cold light of day, settling this matter now and putting it down to experience is, in all probability, the better course of action to take.

[mariefab]

Re: Help with bogus claim against a company.

If your only defence to her claims is that you acted out of concern for a potential future employer; you might want to seriously consider settlement.

[CleverClogs]

Re: Help with bogus claim against a company.

If your only defence to her claims is that you acted out of concern for a potential future employer; you might want to seriously consider settlement.

Or not, if Nem wants the wench's lawyer to get rich at Nem's expense.

[MissFM]

Re: Help with bogus claim against a company.

ok but does the court take into account the reason why the reference was retracted or is it black and white as you say?
if the alleged sexual harrasment is false or police investigation results show its false were we not correct to protect the third party from potentially employing someone of such character?

Sorry, Nem, IMO your goose is not only cooked but served up with roasties and watercress around the edges.

The letter retracting the reference has done all that (we could go on, and on, and on about why and how)

Cleverclogs suggestion (post 50) would seem to be the best (least expensive, in all ways, to you) way forward.

Get yourself a very good solicitor (and take their advice) if you want to fight it in court - or even if not; FWIW I personally think it's clear cut and that you don't have any chance.

However, one big advantage of a forum like this is that people see around all sides of a problem and it may be that another member thinks completely differently.

Hoping there will be a palatable solution for all.

[wales01man]

Re: Help with bogus claim against a company.

I think the same as MissFM When you state Bogus Claim and someone of such a character I would if considering your side be alarmed at these comments together with the constant worry about having to pay costs if losing I would be siding with the Ex employee Your cal whether to fight or concede we cannot tell you what to do but if you feel you have a strong defense contest it.

[Nem]

Re: Help with bogus claim against a company.

i see most here are suggesting we settle...any ideas how much something like this can cost? does it matter how much she worked, full time or part time etc?

[wales01man]

Re: Help with bogus claim against a company.

How long is a piece of string? You need to talk to her solicitor as its no win no fee he aint gonna settle for a pittance unless you can go direct to her with an offer

[mariefab]

Re: Help with bogus claim against a company.

The cheapest way is by using ACAS to negotiate a financial settlement, confidentiality agreement and agreed reference (COT3). At least this way you'll save £000s in legal fees.