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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:
TheCountessofFitzdotterel · 25/10/2018 13:02

I do think that even if you can win some kind of legal case, chances are it would be a fairly pointless victory as by that time nearly all the copies that were ever going to sell would have been sold.

The most dignified response and probably the best one for the sanity of everyone involved is to ignore.

sodabreadjam · 25/10/2018 13:06

Has she self-published through Amazon or similar, or does she actually have a contract with an agent and publisher?

If it is the former, I doubt she will sell many copies anyway - sounds like vanity publishing.

RiotAndAlarum · 25/10/2018 13:06

Definitely pull up the terms of his agreement! If both sides are bound not to bad-mouth the other, are there penalties laid out? If not, you need the agreement to take to any lawyer anyway, as that's what you'd be relying on when going after her.

It would be awfully nice if the vanity books had to be withdrawn.... Smile

tickingthebox · 25/10/2018 13:08

The key to this is your DH's compromise agreement.

Mine when I left my job said that neither myself nor my employer could tell anyone about the agreement, the money involved or the reasons behind it.

It's a fairly standard clause, if that's in there then you may have something to go on.

However, there was little in the way of sanction if they broke the agreement - just made it null and void - I suppose with the view that they wouldn't break it as I could then go to the press. Would the press be interested or is this more a vanity project by an unknown?

RaptorInaHauntedHouse · 25/10/2018 13:09

I would be tempted to contact the union anyway, as they dealt with it initially. They may still want to be involved (especially if she is still working within the industry).

Juells · 25/10/2018 13:12

I would be tempted to contact the union anyway, as they dealt with it initially. They may still want to be involved (especially if she is still working within the industry).

That was my first thought too.

Italiangreyhound · 25/10/2018 13:19

I don't know but wanted to say what a cow she is and I am very sorry about what happened to your dh.

We are doing all the GDPR stuff at work at the moment and there is so much around privacy etc, that it seems very unfair she can ride roughshod over your husband's privacy.

I would take advice on this. At the very least he should be paid for the use of photos if this is possible. (I am not a solicitor so no idea if it is possible).

toomanypillows · 25/10/2018 13:24

Thanks all

It's not self published - it's got an actual publisher

It might be worth contacting the Union and the original solicitors. I'll suggest it to DH

It's just annoying more than anything - it feels like she's "won" something, when my DH lost so much

OP posts:
BoomBoomsCousin · 25/10/2018 13:25

If his concern is less about what she has said about him and more about being associated with what he sees as a vanity project by a bit of a charlatan, could he, instead, do something like a review of the book for an industry publication and just talk about how dull it is?

ladycarlotta · 25/10/2018 13:28

I know in the US the author would probably require you to sign a release form if they were going to mention your name in a memoir. It's an invasion of privacy, and it also might cause your husband problems in his industry (if he manages to get back into it).

Sorry that my response is so vague, but I feel sure that he might well be able to get his name and picture removed from the book in some way. It sounds like she could be self publishing, but if she does have a publisher it's probably most efficient (and least uncomfortable) to approach them directly - they'll have lawyers who know how it works, and it's not worth their while to get into trouble over something like this.

Creaci · 25/10/2018 13:30

If he's not in the industry but would like to be is it in his best interest to be seen as litigious when nothing negative has been said about him?

I'm not a lawyer but have certainly worked with lots of contract in this space and I can't imagine he has a case.

I'd avoid looking like sour grapes. Can he use it to his advantage if it's complimentary to get back into the industry?

BlueJava · 25/10/2018 13:33

If facturally accurate you may be better just forgetting it - she sounds awful and if you tried the legal route it could get nasty and you could lose (on a loop hole or some other nonsense). I think you should get legal advice, but be very careful and err on the side caution when consiering if you should take it further.

vandrew4 · 25/10/2018 13:40

I believe most lawyers offer a 30 minute initial consultation free of charge
BINGO!!!!!!!

SharpLily · 25/10/2018 13:42

Hmm I'm not in the UK but this is what I have been told and had to do once when I was there. If not correct then I apologise.

Iscreamforbenandjerrys · 25/10/2018 13:49

Compromise agreements usually are quite strict on privacy. OHs one says he isn't even allowed to disclose it exists. I think you will have to prove that he has suffered a loss though.

Iscreamforbenandjerrys · 25/10/2018 13:50

Not sure if this is something the CAB might be able to help with?

newrubylane · 25/10/2018 13:51

I work in publishing, and I'm sorry, but there's nothing you can do about it. Can you imagine if we had to clear every mention of a living person in every book? Nothing would ever get published. The law protects you from libel and defamation - i.e. people publishing lies/ making unproven malicious claims about you, but that's about it. Even opinion, as long as clearly signalled as opinion, is fine, as it's just that - one person's opinion. Nothing you've mentioned here would ring alarm bells for me as an editor.

Neither is sharing a photograph of a person an invasion of privacy - we don't have such laws in the UK. The person who took the photograph owns the copyright and they can do whatever they want with it. My company is careful about publishing pictures of minors or vulnerable people without consent, but that's about it.

TakeMeToKernow · 25/10/2018 13:57

Sounds like useful advice from newrubylane. I wonder if the lack of any recourse could be a blessing - so you and your DH won’t have to spent any time or energy on this sad event.

I feel for you. Injustices in life can really consume you emotionally, so I do hope you can put this to bed soon and find a positive distraction Flowers

toomanypillows · 25/10/2018 13:59

Some great opinions - it's hard to take a step away and think sensibly when it's something that has historically affected us so much. I don't think we would ever go down another legal route anyway - it's kind of not worth it. But it's one of those things that just seems so unreasonable. She has rewritten history and made it look like he's one of her supporters.
But it's unlikely that he'll get back into the industry anyway (it is dwindling, and he has moved on professionally to something else, which he's happy with)

So, this is more a personal reaction than anything - so it's been very good to hear your sensible and pragmatic opinions!

Thank you

OP posts:
VanGoghsDog · 25/10/2018 13:59

Dig out the old paperwork he signed for the payoff, it will have a confidentiality clause which will have conditions on both sides, read that and see if she has breached it. If so, see a lawyer.

BaldricksCoffee · 25/10/2018 14:03

Agree with other pp - who took the photographs? They own the copyright to those, and she will be in trouble if she hasn't got permission to use them and credited them in the book. The publishers should have checked that, but who knows how thorough they were.

As to the rest of it - as long as it is totally factual there isn't really anything he can do IMO.

Volant · 25/10/2018 14:05

I'm not sure why everyone keeps going on about the statements being factually accurate, given that I assume OP's DH wouldn't agree that it is accurate to say that he stabbed her in the back. That bit might be libellous, and I believe some libel solicitors off no win no fee agreements - though I have no idea whether they would think this worth their while. But it may do not harm to ask.

RiverTam · 25/10/2018 14:05

I work in publishing. If this is a reputable publisher it should have had a legal read, prior to publication, so I would start off by getting in touch with the publisher and asking that. I say that because if it has had a legal read and it's still in there, there may not be much you can do about it.

VanGoghsDog · 25/10/2018 14:11

Oh, I also meant to day that them keeping his email address all this time AND using it for that, is a breach o the GDPR so he could report them to the ICO (as in, that is likely to be two breaches).

I am having a similar issue with an ex employer who thinks it appropriate to email me to ask me to write a Glassdoor review, I didn't give them my email address for that reason and, in fact, they have used an email address I didn't give them at all so they must have got that from my old assistant as it's the email address I sued to contact her to ask about my final pay!

StateofIndependance · 25/10/2018 14:12

I think taking it further will be a complete waste of time. The publishers will have far more money for lawyers than you do and may well be quite happy for it to go as far as possible court action. This would be ruinously expensive for you.