Can I be sued for libel from past employer?

[Massi]

Hi. In need of advice. I was dismissed for going home in works time to tend to my child who is poorly also once to use the toilet on the way to another job to cut a long story short I was offered a demotion or disciplinary for this. I opted for the disciplinary as many people do this often as I mentioned to them but they decided to ignore! So the end story was dismissal. Been there 10 years no warnings on file throughout my employment. I also did produce a copy of my childs dla entitlement to back why I went home. I was dismissed without notice. I have taken advice and this could be unfair dismissal. This has been ongoing for 3 months and was dismissed last week! My wife has put on a social network that I was dismissed and the reason why! They have offered me a really low amount and said if I don't accept they will sue me for liable? Can they do this? She has not said anything that is untrue. Thanks.

[Johnboy007]

Re: Can I be sued for liable from past employer?

Hi,
Suing you for a libellous statement? I don't think they will.
As for the dismissal, did you attend a proper disciplinary hearing?
Did you have the opportunity to either be represented by a Union rep or work colleague?
Write to the company requesting a copy of their Disciplinary Policy.
Send the letter for the attention of The Managing Director, and post it by recorded, signed for...
Mark your envelope, Private & Confidential.
Keep the receipt from the post office.
This definitely looks like a case of unfair dismissal to me.
Do not be bullied into accepting the offer.
Call their bluff, as they will have to show that what was written, was fundamentally untrue, and was written by you.
They cannot sue you for something that someone else has written.
Contact A.C.A.S
Early Conciliation

The free, fast and less stressful alternative to an employment tribunal for resolving workplace disputes

If you are intending to make a claim to an employment tribunal you must now notify Acas first. We will offer you the chance to use Early Conciliation - an opportunity to settle workplace disputes without going to court. There are a limited number of exemptions that may apply.
At Acas, our advice is always that it is best for employers and employees to resolve disputes as early as possible. Reaching a settlement through conciliation is quicker, cheaper and less stressful for all concerned than a tribunal hearing.
The Early Conciliation process

First step: Early Conciliation notification form

If you intend to lodge an Employment Tribunal claim, you will first have to notify Acas by completing a simple Early Conciliation notification form.
What happens next?

After a form is submitted it will automatically be acknowledged via email if an email address is provided, or in the post if not. Acas will then contact the potential claimant within two working days of receiving the form. We will gather basic information on the dispute itself and provide information about Early Conciliation. The case will then be passed to a conciliator who will aim to make contact with both parties and talk through the issues to see if a solution can be found.

This is a link to the on-line form at ACAS......
https://ec.acas.org.uk/Submission/Create

Use this if you don't get any joy from the company...
Remember, keep details of all and any phone calls, emails or letters.
Good luck mate
John

[EXC]

Re: Can I be sued for liable from past employer?

They're threatening to sue YOU for libel for something your wife said?

[Massi]

Re: Can I be sued for liable from past employer?

Hi John. This has been going on since the 23rd April been through all the processes even the appeal and the letter to managing director all came back with take demotion or we will dismiss you for gross misconduct. Iam currently going through acas concilliation and that is what there solicitors told her, that they will sue for libel! Really worried about this as we have been through enough, struggling with no pay! And then to be told they will sue us for libel! I know it wasn't me that wrote it but it could be my wife they sue? Sorry don't know much about libel. Thanks

[Massi]

Re: Can I be sued for liable from past employer?

They're threatening to sue YOU for libel for something your wife said?

Can they sue my wife though?

[EXC]

Re: Can I be sued for liable from past employer?

I really wouldn't worry about it. Libel threats are so often banded about by people who have little understanding of it, not to mention the costs involved of mounting a defamation action.

[Johnboy007]

Re: Can I be sued for liable from past employer?

Take demotion or we will dismiss you, stinks of blackmail to me.
If what your wife wrote is fundamentally correct, then you have nothing to worry about.
This from WIKIPEDIA
English law allows actions for libel to be brought in the High Court for any published statements which are alleged to defame a named or identifiable individual (or individuals; note that under English law companies are legal persons, and may bring suit for defamation)^[1][2][3][4] in a manner which causes them loss in their trade or profession, or causes a reasonable person to think worse of him, her or them. Allowable defences are justification (i.e. the truth of the statement), fair comment (i.e., whether the statement was a view that a reasonable person could have held), and privilege (i.e., whether the statements were made in Parliament or in court, or whether they were fair reports of allegations in the public interest). An offer of amends is a barrier to litigation. A defamatory statement is presumed to be false, unless the defendant can prove its truth. Furthermore, to collect compensatory damages, a public official or public figure must prove actual malice (knowing falsity or reckless disregard for the truth). A private individual must only prove negligence (not exercising due care) to collect compensatory damages. In order to collect punitive damages, all individuals must prove actual malice.

I think your company would have great difficulty in proving,
loss in their trade or profession, or causes a reasonable person to think worse of him, her or them
I also think they are trying to force you into dropping the action.
If your wife does not own your home and she has no great assets, I wouldn't worry about her being sued.
Libel is very hard to prove in court.
Stick to your guns....
Also try the Citizens Advice Bureau for free legal advice.

[Massi]

Re: Can I be sued for libel from past employer?

All they have done throughout this is threaten. In the appeal outcome letter it states my reason for going home was as useful and an "afterthought" I did write to the managing director as I thought this was an appalling comment, the letter I got back was "he trusted his teams decision" my wife was upset because they accused me of using my child as an excuse, at the end of the day it's her child too. A lot of people have been asking if I still worked there as they had not informed anyone about my dismissal so she did and they didn't like it! Thanks.

[Johnboy007]

Re: Can I be sued for libel from past employer?

Hi Massi,
All Managing Directors 'trust their team'.
They will never admit 'Fault'.
They do not have to inform anyone of a dismissal.
Your best solution if you are still unhappy, is to contact A.C.A.S and get advice from them as to a claim in a Tribunal Court.