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Legal matters

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Can you sue for defamation following an unfounded grievance?

14 replies

Liesmorelies · 28/08/2024 16:35

That's it really. I can give more details if needed, but basically I have been the subject of grievances at work that are based on lies by two people (who are friends). They have been about my professional conduct and I feel therefore that my reputation has been damaged no matter what the outcome may be. Several of the accusations are easily provable as lies while others are more dependant on things like tone. I see on Google that there may be a possibility of suing, but what is the likelihood of success?

OP posts:
ToBeDetermined · 28/08/2024 17:14

You could give ACAS a call as they have legal advisors.

Mrsttcno1 · 28/08/2024 17:25

It really depends on the situation, and how much money you are willing to throw at it for what reward. Very few defamation cases actually make it to court purely because it’s expensive to push it that far and if you do push it that far and lose then you have to pay the legal fees for both sides.

There’s also the fact you have to prove severe damage to reputation, so an internal grievance may not meet that threshold.

MeowCatPleaseMeowBack · 28/08/2024 17:27

what is the likelihood of success?

Pretty much zero.

Who knows about the grievance apart from the people directly involved, and how?

Scottishflower65 · 28/08/2024 17:29

Assuming the grievance has been dismissed, you could raise a bullying complaint either via a new grievance or via HR?

HermioneWeasley · 28/08/2024 17:35

Very low prospect of success and v expensive to pursue.

Liesmorelies · 28/08/2024 17:53

Thanks all - I did think it was unlikely to be worthwhile but wanted to ask.

OP posts:
AgnesX · 28/08/2024 17:54

If you have an EAC you could ask a lawyer through it

NotDavidTennant · 28/08/2024 18:05

It's unlikely to be worth it financially unless the people who you're suing are rich.

Gasp0deTheW0nderD0g · 28/08/2024 18:10

I have no informed advice here but I'd be worried about bringing this to the attention of a far larger group of people, some of whom might think 'No smoke without fire ...'. The Streisand effect, in other words. Awful as this must be, I wouldn't seek vengeance or restitution. If the people who lodged the grievance are going to stay in post, I'd start looking for another job in your position, to be honest, or maybe a transfer to another department/division. Write it off and start again.

Azandme · 28/08/2024 18:12

Unlikely to be worth it, but if you are found not to be at fault you can ask to raise a grievance against them for a "malicious grievance".

Liesmorelies · 28/08/2024 18:19

I was planning a counter-grievance but am being discouraged by senior management. I have another thread about this on Work if anyone is able to take a look.
Constructive dismissal | Mumsnet

I can't write it off as where I am we can't move departments due to the nature of our work.

Constructive dismissal | Mumsnet

I am in an awful situation whereby someone I line manage, who I had previously had a good relationship/friendship with and had supported through many...

https://www.mumsnet.com/talk/work/5152725-constructive-dismissal

OP posts:
Prawncow · 28/08/2024 18:22

Azandme · 28/08/2024 18:12

Unlikely to be worth it, but if you are found not to be at fault you can ask to raise a grievance against them for a "malicious grievance".

This ^

You’ve said ‘Several of the accusations are easily provable as lies’. Target those. If they’ve filed multiple grievances filled with allegations you can show to be completely unfounded, your employer should be looking at that as a pattern. At the very least you’ll have HR looking at them and their credibility.

Mrsttcno1 · 28/08/2024 18:32

Liesmorelies · 28/08/2024 18:19

I was planning a counter-grievance but am being discouraged by senior management. I have another thread about this on Work if anyone is able to take a look.
Constructive dismissal | Mumsnet

I can't write it off as where I am we can't move departments due to the nature of our work.

It really doesn’t matter what management would like you to do in this instance. They are acting on what is best for the company, so if you are happy to go along with that… that’s your choice.

Harassedevictee · 28/08/2024 20:50

@Liesmorelies In your position, as the lies are provable and affect your professional standing, I would lodge a grievance. You shouldn’t have to as your employer should look at disciplinary following the failed grievance.

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