Individual / Dispute Resolution
When dealing with harsh words in the workplace, there can be a lot of pride and hurt feelings at play – which can make it difficult to know whether or not suing for defamation of character in the workplace is the right course of action to take.
Our defamation of character lawyers are dedicated to helping you field the difficult situation that defamation of character in the workplace can cause – both financially and to your reputation.
When suing for defamation, the form that the slander or libel has taken is extremely important to the validity of your case. Though your feelings may be hurt, not all incidents count as defamation of character in the workplace.
In regards to libel, the evidence of the statement can come in an email, social media or even a workplace bulletin board. If there has been a publication in these mediums that is false, unprivileged (the person receiving the statement should not have been in a position to do so), defamatory or has a natural tendency to cause damage then it is defamation.
Slander becomes a case for suing for defamation when the statement is made to someone or a group other than the person whose reputation would be damaged by the words. You must be the direct subject of the slander or easily identifiable – i.e. if a nickname is used, it must be one that you are widely known by.
For both cases, you must be able to showcase that the statement damages your reputation or lowers you in the estimation of society in general. Typically, this is demonstrable if you were to lose your job or future employment as a result of the defamatory statement.
Making a case for defamation in the workplace can be difficult, as whether or not you have a case may not be completely clear. You should always consult defamation of character lawyers in such cases before attempting to make a claim.
For claims of libel, slander or falsehoods there is a strict limit of twelve months for making a claim. This period runs from the date that the defamation occurred. In some cases, this may be extended depending on the unique circumstances of the defamation. For example, if the statement was made but you only lost your job several months later as a result.
In a case of defamation of character in the workplace, you do not have the responsibility of proving that the statements made against you were false. Rather your employer or the person who made the defamatory statement must prove that it is true.
If your case is successful you may receive damages as decided by the High Court, dependent upon the seriousness and extent of the damage to your reputation. These can be actual damages (such as loss of wage) or assumed damages (loss of reputation). An injunction may also be awarded to prevent further defamation.
Our team of defamation solicitors can help you to navigate the tricky nature of a defamation case from beginning to end. For a confidential discussion of your circumstances don’t hesitate to call our team on 0161 930 5151, e-mail disputeresolutionteam@gorvins.com or fill in the contact form.
To win a defamation case, you must prove that the statement caused “serious harm” to your reputation. In the workplace, this usually means proving that the statement impacted your ability to earn a living—such as causing you to lose your job or making you “unemployable” in your industry.
Yes, but it is difficult. Employers have a “qualified privilege,” meaning they can provide a negative reference as long as they believe the information is true and they aren’t acting out of malice. To sue successfully, you would need to prove the employer knew the information was false or intentionally tried to sabotage your career.
If a manager makes a false statement about you to another manager, it has been “published” to a third party, which is a requirement for defamation. However, if that conversation was part of a formal disciplinary or performance review process, it may be protected by “qualified privilege” unless you can prove malice.
If successful, the High Court may award “General Damages” for the loss of your reputation and “Special Damages” for specific financial losses, such as lost wages. In some cases, the court may also grant an injunction to prevent the person from repeating the defamatory statements.
The law protects “honest opinion.” If a colleague says, “I think your work is poor,” that is generally considered a matter of opinion. However, if they state a false fact, such as “You were caught stealing from the till,” that is a defamatory statement of fact.
