Slander

[Oldie2015]

Hi, first post so hi to all. Just wondering if I can have some advice please.

I work in construction as a plasterer, someone who worked for left without notice, he was self employed. At the time I was carrying out a job for a product manufacturer as an approved installer. The ex employee, sent me a number of emails stating the product rep had said a number of damaging statements about my work, he also told the client who emailed me stating the reason for not wanting me to complete the job was due to what the rep had said. He then got the ex employee to start to complete the works, I contacted the product rep who wasn't happy and put in writing to myself that what the ex employee and customer quoted was not true and he never said anything of the sort.
Just wondering if I can claim against the employee for damages as, although I can't prove it, he has been telling people in the trade. The customer had to write to me and say he had been mis lead and wanted to withdraw his comment. I do have hard copies of everying said from each party.

Can I make a claim via small claims

Thanks in advance

[EXC]

Can I make a claim via small claims

Only if both parties agree in writing to have the proceedings started in the County Court, and then it's up to the discretion of the court.

Starting libel proceedings in the High Court are complex and expensive and even if you win it would probably cost you overall.

[efpom]

If I was in your shoes, I would be writing to the "ex employee", appraising him of the thrust of the documents you hold i.e. that two assertions have been made that cannot stand together.

It is important that you make no allegations about the truth or falsehood of those two contradictory assertions.

But I would go on to state that if it comes to your notice that further defamatory statements are circulating and that it turns out that "prime facie" he is the source of those statements, he may well find himself the subject of legal proceedings.

Hopefully, by that route, you can put a stop to any further assertions circulating - which, I assume, is the outcome you seek.