Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Defamation of character

42 replies

Armadilloboss · 27/06/2020 12:51

Hi guys, bit of a long one.
A woman in work has been off since February. I have worked with her since September, at which time we both applied for the same position, I was successful in this application and became her line manager. Safe to say, things became difficult after this. She repeatedly went out of her way to make errors, she was sent home for not wearing uniform (after 2 prior incidents of her not wearing uniform and being warned for it)
She went off sick in February, stating anxiety (not work related) and depression.
She has since brought multiple claims against the company, including a Grievance against myself.
There is no truth to anything in the grievance (this is not to cover my own back, the things said have genuinely never happened) and the grievance has been heard twice and found in my favour twice. She has appealed this again, and all of a sudden there is an addition claim of homophobia on there. Apparently I regularly discussed how I found homosexuality wrong, and referred to a member if staff as the lesbian.
This is categorically untrue. For reference, I worked with a gay man for 10 years who had HIV and was very supportive of him, my best friend is gay, he read at my wedding, the last 2 employees I have hired have been gay, one of which I offered to write a character reference for her to adopt a child, and finally the person I have supposedly refered to at the lesbian, is in fact, straight. The other woman has only met her once, and we have never discussed her. I know the woman’s sexuality because we were married the same month and showed each other pictures.
I am absolutely furious with this allegation, and considering taking further action myself. My question is, what would you do?
Yabu- forget about it
Yanbu- you should take it further

OP posts:
SwelteringInTheHeat · 27/06/2020 20:24

Honestly, I could not let this go. Mud sticks.
Can you ask HR to organise a mediation between the pair of you and then challenge her directly? My bet is she either would back down if she has to look you in the eyes and bare faced lie, or would double down with the lies, so be prepared, though, and have counter arguments ready.

Armadilloboss · 27/06/2020 20:39

Thing is, she’s been off sick since November and is trying to bring a case against the company so that they will pay her off, so I doubt I will ever see her again. It’s more the principle of the thing really.

OP posts:
HappyHammy · 27/06/2020 20:52

Off since November. 8 months. Wow.

cabbageking · 27/06/2020 21:15

Thought she has been off since Feb?

Armadilloboss · 27/06/2020 22:18

Sorry, she has been off since February, I got the position in November, after applying in September

OP posts:
StillCoughingandLaughing · 28/06/2020 01:19

@Euclid I appreciate the comment but I don’t understand how critiquing my grammar is relevant here.

It isn’t - but she’s been doing it on several threads tonight. Bored probably. Sad really.

HeyBlaby · 28/06/2020 01:22

As rubbish a situation as it is, you'd get a better result flushing your money down the toilet

PigletJohn · 28/06/2020 04:37

@Euclid

Your an pendant.

Defamation of character
EmperorCovidula · 28/06/2020 04:52

Honestly I think you’d struggle. Defamation isn’t exactly an easy thing to prove and then recover money for. More so when you don’t seem to have suffered any damages. Unless you have money to burn I would drop it.

romeolovedjulliet · 28/06/2020 06:44

piglet Grin

Thepilotlightsgoneout · 28/06/2020 07:13

Honestly, just forget it. The company will deal with it, she has zero chance of it being upheld from what you’ve said.

Living well is the best revenge, remember.

STAYTHEFUCKHOME · 28/06/2020 07:23

@Euclid

OP this woman is taking a grievance "against me" not "against myself". There was a thread recently about the incorrect use of "myself" and your post highlights this very bad use of English. As for the claim, let your HR department deal with it. If the colleagues chooses to take it further, the Employment Appeals Tribunal or ultimately the Court will rule on it.
@Euclid would the correct terminology be “go fuck yourself” or “go fuck you”?

Asking for a friend....

DuineArBith · 28/06/2020 07:23

@plunkplunkfizz

It’s not defamation if it’s said privately as is the case here. It’s in a closed complaints process, not a national newspaper or out loud at a party.
Yes, it is. If the defamation is published to anyone, whether in a closed process or to the world at large, it is defamation. In the context of a grievance procedure it might attract qualified privilege, but that only helps the employee if the statements are not made maliciously, i.e. for an improper motive - which they would struggle with here.

That said, defamation is not a good route to go down simply because of the expense and complications. If you feel that a reaction on your part is required (as opposed to leaving it to your employers) it may be worth registering your own grievance. They do seem to have an inordinately long drawn-out grievance process and should be considering dismissing this person anyway.

IamtheDevilsAvocado · 28/06/2020 07:46

Dobt thinm this is defamation....don't think it reaches the level... Even if it did...utterly pointless to cjas eot through extensive legal process.... Some time ago libel /slander lawyers cost 750£ + PER HOUR!

IamtheDevilsAvocado · 28/06/2020 07:47

I would concentrate on trying to continue to refute her mad allegations... /attempt to get HR to ask her to stop her malicious allegations...

She does sound a bit unhinged

Nofunkingworriesmate · 28/06/2020 08:29

From what you have written here you have cast iron defence
Stressful and upsetting but be cool rise above it and your you will come out smelling of rose employees wi

Nofunkingworriesmate · 28/06/2020 08:31

Sorry baby pressed post...!
Nobody I know could prove they were as un homophobic as you!! And I'm gay!!

New posts on this thread. Refresh page
Swipe left for the next trending thread