Libel

[Guest]

Hello
I would like some advice on an employment matter.
Someone high in HR has written libelous comments about myself in an email not sent to me. I have seen the email in a discussion with my manager but do not have a copy of it.
Its been investigated by my manager and there is nothing that backs up the comments against my name or nothing on file. So any comments are unfounded and unsubstantiated.
What options do I have.?

[des8]

Not many, and certainly not court action!

To be defamatory a statement has to cause serious damage to your reputation , This hasn't as it has been found to be without foundation.

Also the sender might be able to plead honest opinion.

Perhaps take it up with HR (but perhaps Ula could comment on the wisdom of that course of action)

[Mumbo]

Thanks for replying.
I'm sorry but why?
The unfounded lies came from the head of hr. I don't see how I could go to hr. My management say there isn't a blip on my file and they have confirmed they have also had that confirmed from members of hr.

So that suggests I could write anything about anyone because it's my honest opinion?

[ULA]

In regard to where you stand from an employment perspective then you could raise a formal grievance. Since the issue is with the HR manager and you have effectively raised it informally with your own manager, then if you feel it remains unresolved you would probably need to submit your written grievance to your manager's manager. It may be worth checking this esclation process of a grievance against your company's policy.

[des8]

All I did was to point out the most obvious defence the writer might have if you were to try and bring a defamation claim.
Was she expressing an opinion or expressing it as a fact?

But besides that you would, on the facts given here, be hard put to show it has caused you any damage.

What do you think you should be able to do about it?

[Mumbo]

Am I missing something here. If I were to write something about anyone without evidence how can that be allowable? If it's opinion that is OK? The point is there is nothing on file.

[des8]

I can only refer you to the Defamation Act 2013 wherein are stated the conditions which must be filled for a defence of honest opinion.
You cannot hold an honest opinion without something on which to base that opinion