Hello all - Close to losing job due to defamatory reference. Please help.

[Jaybaz]

Hi everyone,

I'm new to LegalBeagles so realise I'm probably posting in the wrong part of the forum here. Any forum advice would be greatly appreciated.

I've been in my job for just under a year - managing one of the more successful departments in the company. I enjoy it and get on well with everyone.
However, as part of the background check when I first started, the company wanted a reference from my accountant to confirm I had been working in the UK for the past five years as a sole trader. His response to the emailed request was "I don't think I need to say more" and attached was a letter from 2014 he sent me saying I was late (approx. 4 weeks) in paying his fee and he would sever our association. This was a particularly tough time for me financially and I immediately explained this to him and settled the balance. We then continued to work together for another two years, I thought, amicably. So imagine my suprise/concern, when this was flagged by HR! I contacted him to ask him to repair the situation and he didn't reply.

Although this seemed, initially, to be disregarded, it has now come up again (in a big way) now the company is undergoing a restructure. They are returning to past background checks and looking for any reason to reduce headcount, and I have heard this morning that I am due to be called in to a meeting on Monday - possibly to be let go. The letter from my accountant cited as the primary reason.

Sorry for the long preamble. My question is do I have a case against the accountant? Is this defamation? I was of the understanding that his actions are outside the scope of what was requested of him and has put my job/security at risk - not to mention the ongoing problems this could raise in future job seeking.

What to do??

Many thanks in advance for your thoughts,

'Jaybaz'

[jaguarsuk]

Hi everyone,

I'm new to LegalBeagles so realise I'm probably posting in the wrong part of the forum here. Any forum advice would be greatly appreciated.

I've been in my job for just under a year - managing one of the more successful departments in the company. I enjoy it and get on well with everyone.
However, as part of the background check when I first started, the company wanted a reference from my accountant to confirm I had been working in the UK for the past five years as a sole trader. His response to the emailed request was "I don't think I need to say more" and attached was a letter from 2014 he sent me saying I was late (approx. 4 weeks) in paying his fee and he would sever our association. This was a particularly tough time for me financially and I immediately explained this to him and settled the balance. We then continued to work together for another two years, I thought, amicably. So imagine my suprise/concern, when this was flagged by HR! I contacted him to ask him to repair the situation and he didn't reply.

Although this seemed, initially, to be disregarded, it has now come up again (in a big way) now the company is undergoing a restructure. They are returning to past background checks and looking for any reason to reduce headcount, and I have heard this morning that I am due to be called in to a meeting on Monday - possibly to be let go. The letter from my accountant cited as the primary reason.

Sorry for the long preamble. My question is do I have a case against the accountant? Is this defamation? I was of the understanding that his actions are outside the scope of what was requested of him and has put my job/security at risk - not to mention the ongoing problems this could raise in future job seeking.

What to do??

Many thanks in advance for your thoughts,

'Jaybaz'

Yes you do have a case under the Defamation Act 2013, but it would be heard in the High Court and the consequences of losing are that you could be stuck with his very hefty legal bill.

Sending a letter suggesting that you did not settle a bill when in fact you did and continued to work would and is causing damage to your reputation, he should have known that it would. As such you could claim general damages for loss of reputation.

[Jaybaz]

Thank you for your response, JaguarsUK. The High Court sounds like a risky prospect, case or no case. And, we all hear stories of limited companies closing down to avoid liability etc...
I'm engaging a solicitor tomorrow so I can, at least, show my employer that I'm considering legal action in these circumstances. Whether I follow through or not depends on the outcome of my meeting with HR on Monday (and if I have the proverbial courage).
Again, thank you.

[jaguarsuk]

Thank you for your response, JaguarsUK. The High Court sounds like a risky prospect, case or no case. And, we all hear stories of limited companies closing down to avoid liability etc...
I'm engaging a solicitor tomorrow so I can, at least, show my employer that I'm considering legal action in these circumstances. Whether I follow through or not depends on the outcome of my meeting with HR on Monday (and if I have the proverbial courage).
Again, thank you.

I wise choice and hopefully all will go well.

[des8]

Unfortunately your employer is restructuring and looking to reduce staff.
You have been there less than a year, so have hardly any rights anyway, and they do not need to re-examine your references if they want to let you go.

Possibly if they are re structuring and you manage a successful dept, they are looking to offer you a different position.

If they do let you go and you decided to pursue a claim for defamation you would need proof that the deciding factor in your employers decision was that reference........so get it in writing.

[Jaybaz]

Thank you Des8, I will certainly try to get that in writing. If there is still an outside chance to keep my job, I want to make sure that any decision isn't based on simply my word versus his. I'm trying to demonstrate my conviction to my side of the story with a 'willingness' to take the issue further, if needs be.
My concern about my position comes from information from a contact on the inside, as it were. Unfortunately, I don't think they're offering me a new position, but I appreciate the positive angle
Fingers crossed, eh?
Thanks again.

[ploddertom]

Suing for defamation must be done within 12 months of the occurrence happening.

[Jaybaz]

Very useful to know! Thank you Ploddertom.