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Privacy advice - DH is mentioned in a book without permission

64 replies

toomanypillows · 25/10/2018 12:25

I would love some advice!

DH has just received a round robin email from his former boss advertising the book she has just written
For a bit of background. DH worked with her, for several years (she was his line manager.) She and her brother both left there, and were asked to leave. DH continued to work there for another 5 or so years, the directors board changed a few times, and then she and her brother came back to the business and bought it out, owning 50% each.
They did a huge sweep of the workplace, changing roles and revamping. Most of the staff were ad hoc or freelance, so they were able to make instant changes. My DH was the only staff member on a contract, but at the time of the changes, they hadn’t realised this. They wanted to alter everything about his job – hours / core role / location – it was ludicrous and completely untenable.

Anyway, plenty of unreasonable changes led to unions getting involved and eventually, after almost 8 months of negotiations and on legal advice, DH threatened to sue them for breach of contract. Their lawyer suggested that they offer him a financial deal (knowing full well they would lose in court) and DH received a hefty pay out and substantial gardening leave, with some conditions. He had to leave, of course, which really affected him as this was a career he absolutely loved, in a dwindling industry which he hasn’t been able to break back into.

We have had no contact since he left, 7 years ago.

The email he received today about the book is particularly galling, as it charts her “meteoric rise” in the industry “against all odds” – it’s basically a memoir of how brilliant she is and how she became successful.

A former colleague of DH’s has a copy of the book, and has sent us some excerpts. It mentions my DH by name several times – and actually his full name. There are also a couple of photos that he is in. It’s worth mentioning that in the earlier parts of their careers, they worked together voluntarily a good deal, and DH helped her get to “where she is” by association. She also headhunted him initially.

Most of the references are factual or just in passing, there are some interviews and anecdotes and most of them are complimentary or just mentioning him. But he hasn’t agreed to any of this – he didn’t know anything about it, and given their history, absolutely doesn’t want to be associated with her celebration autobiography. There is also a section where she talks about the buy-out and mentioned that her former friend and colleague stabbed her in the back by threatening legal action and how pleased she was that she "ousted him" from the industry. She doesn’t mention him by name here, but she refers to him specifically by job title, so it’s clear who she is talking about. She glosses over the fact that her lawyer advised her to pay him off, of course.
So – I don’t know what to do. We aren’t in a position to pay for legal advice, but surely she can’t just print this book without getting DH’s permission? I know it’s going to upset him, as he never really got over it in the first place.

Anyone have any advice? Has she acted illegally?

Post edited by MNHQ at OP's request

OP posts:
YuhBasic · 25/10/2018 12:27

Omg what a cow! 😮

Anythingforacatslife · 25/10/2018 12:27

So long as everything is factually accurate I’m not sure there’s a lot you can do about it.

SharpLily · 25/10/2018 12:31

I believe most lawyers offer a 30 minute initial consultation free of charge, which you could try. Also check your home insurance as many policies include a certain amount of legal cover. I have no idea what the legal position is in this case but I would be furious too and would definitely want to do something about it.

Dontfeellikeaskeleton · 25/10/2018 12:32

No idea but seek legal advice

WTAF

domesticslattern · 25/10/2018 12:34

often out of court settlements contain a clause that neither party will slag the other one off (there is a proper legal wording but it escapes me sorry!). Worth a look if you can find the document?
Otherwise, can I assume that this book will have a very very limited readership? it sounds like a tedious vanity project the way you describe it.

Thenewdoctor · 25/10/2018 12:35

If it’s factually accurate - albeit with omissions - I dont think you can do anything.

RebootYourEngine · 25/10/2018 12:36

I am not sure what you can do but just wanted to say that i would be annoyed too.

Thenewdoctor · 25/10/2018 12:37

Also most lawyers and the 30 minutes is one of those myths that gets perpetuated on here. Some do. Some don’t. But if you want proper legal advice you’re going to have to lay out money for it.

Definitely check house insurance.

Also check a local law clinic or CAB. Often unis have free law clinics and this is out of the ordinary so definitely something they’d be interested in.

Bestseller · 25/10/2018 12:40

Yes, I agree with others. As long as its factual she can publish what she likes about whoever she likes. It's distressing when it happens to "real" people but without it there would be no free press

LonnyVonnyWilsonFrickett · 25/10/2018 12:40

If it's true I don't think there's much he can do. It may be worth checking his legal agreement from when he left.

Thenewdoctor · 25/10/2018 12:42

This reply has been deleted

Message withdrawn at poster's request.

POPholditdown · 25/10/2018 12:42

Your DH should write a book about a former line manager in said industry, who was found to be committing fraud.

Drop her name in, routinely.

Peridot1 · 25/10/2018 12:43

He could write a book too! From the other side.

Thenewdoctor · 25/10/2018 12:47

This reply has been deleted

Message withdrawn at poster's request.

Dontfeellikeaskeleton · 25/10/2018 12:50

Defamation of character etc

toomanypillows · 25/10/2018 12:50

Thank you for your replies. I might look into seeing if we can get some free legal advice - I didn't think about that.
DH only got the email today, so we've not had chance to look at the original agreement (out of court one) but there is definitely something in there about both parties not being allowed to refer to any reasons why he ended up leaving the company.

Although, as I said, she hasn't actually said anything horrible about him. Well, that we know - we haven't read the whole book.

He's just so pissed off about it - especially the photos, really, because he's quite well known himself in the industry, and has a lot of contacts and friends still - he doesn't want to be associated with her

I don't know - there's probably nothing we can do, I just know that he's going to be upset

OP posts:
toomanypillows · 25/10/2018 12:51

@domesticslattern - I can't imagine many people will actually read the book. it doesn't look very interesting! Grin

OP posts:
GinIsIn · 25/10/2018 12:52

If she is being factually accurate then there is no case to answer.

NorthEndGal · 25/10/2018 12:53

As long as what she has said is factual, there isn't a way to stop it, unless they had some kind of non-disclosure agreement

PawneeParksDept · 25/10/2018 12:53

There are legal precedents around this, definitely and I think in the US this sort of thing is done more forensically eg everyone named must sign off due to the litigation culture there.

I'm unsure what the laws are around the same in the UK but there will be some and you need to consult the appropriate firm ASAP, they will likely be London based as it's a quite specific area.

Mitzimaybe · 25/10/2018 12:54

Is he still in the union? Can they help?

toomanypillows · 25/10/2018 12:57

The non-disclosure that we had doesn't refer to this - it just specifies the reasons why he left the job. I can't actually remember if that was just us, or if it applied to them as well. If it applied to them, then maybe there's a case there, as she does refer to it in detail (although emotionally charged rather than totally factual)

@Mitzimaybe he's not in the union. He doesn't work in the industry any more

It just sucks - he's not angry about what's been said - just the fact that it's said at all.

But it's very self indulgent anyway. About how fabulous she is, and doesn't take much time to thank the people she refers to, by the look of it
(although, as I say, I haven't read it all)

OP posts:
midsomermurderess · 25/10/2018 12:58

Something like this happened to someone I know who found that she and her family, names changed but location, business and identities readily identifiable, appeared at reasonable length in a book by a well-known author. The European country she lived in has a right to privacy and hard copies that could be were recalled and pulped, the paperback contained no reference to them. The law is different here though.

grumiosmum · 25/10/2018 12:59

If she is making true statements of fact (not opinion), I'm pretty sure there's nothing you can do about it.

But the sharing of photographs without his consent may be an invasion of privacy.

Check with a lawyer.

Nellyelora · 25/10/2018 12:59

It's common in a settlement/compromise agreement for clauses to exist that neither party will criticise each other/keep the circumstances (not just the sum paid) confidential. She could potentially be in breach of the compromise agreement.

I would, if possible, go back to the solicitor who advised him on the agreement and ask their advice. Alternatively contact his union if still a member