Defamatory emails from organisation chairman after maternity cover role, what options?

[IdentifyingAsAWoollyMammoth]

I covered a role as maternity cover for a year and the place turned out to be a complete mess. The person I was sitting in for was completely incompetent and I have over 15 years' experience in this industry.

I made enormous improvements - which the chairman and board frequently - complimented me on as did the other staff.

I left under very good terms and lots of people gave kept in touch but I was recently not invited to an official function (which came about because of something I helped achieve). Didn't bother me but annoyed others who asked why.

The chairman verbally intimated that I wasn't invited because I had done something that jeopardised the organisation. He has since repeated this in two emails to three other people, from his official organisation email, which I have been forwarded.

I know this is factually untrue and indeed three other members of the board have said they no idea the chairman had said I was not to be invited. They say had I done anything deliberately or even inadvertently that could have harmed the organisation it would have to have come to a board meeting.

The year I was there a profit was made. The three previous years a loss. The work I did could never have jeopardised the organisation.

The chairman is friends of family of the person I stood in for and is similarly incompetent.

The person that sent me the emails defaming my character has said they are very happy for me to use them as they know it's untrue and they are appalled. An HR director I know feels I should make a search access request to see what else he may have said about me.

I know any issue of defamation or libel is a civil matter but a) what could/should I do and b) would it be personal to him or the organisation as a whole as he's doing this in his official position?

All advice welcomed. I worked enormously hard in my time there and have a very good reputation in this industry and I'm concerned this could cause future problems.

You may be able to sue the individual concerned for libel. You may also be able to sue the organisation for libel. However, to do so you would need to show that the emails have caused or are likely to cause serious harm to your reputation. Another problem you may fact is that, from your description it sounds like the chairman is expressing an opinion rather than making specific allegations as to what you did or did not do, so he may be able to defend his actions on the basis that he is expressing an honest opinion. You would then have to show either that he does not believe that you jeopardised the organisation or that no honest person could possibly have held that opinion on the basis of the facts known to the chairman.

Libel actions are expensive and can result in many more people becoming aware of the allegations (the Streisand effect), so you need to think seriously about whether it is worth your while pursuing this. If you want to take it further you need to consult a lawyer who specialises in this area.

From the emails it's very much stated/worded as fact and not an opinion. I'm not concerned about financial recompense but I want it retracted and corrected to those who have received the email and an apology to me.

You should see a solicitor. It's likely to be the organisation that you would sue if the emails were sent in the course of his employment or office holding.

Whether it's actionable will really depend on exactly what was said.

I am sure you know this OP, but you will need deep pockets to go to law over libel/defamation with no guarantee that you will get your expenses back.

I think the threat would be sufficient. It seems like the chairman has "gone rogue" and the rest of the trustees aren't aware. One was made aware last night and is fuming and confirmed to me I did nothing wrong and I'm still missed. I think they would retract on their collective behalfs and make him resign but I'd like to fire a warning shot across the chairman's bows. It's not the first time he's gone off on his own and caused an issue for the organisation and I suspect they'd be pleased to use this to force him out.

This is tricky OP. The main problem is of course proving reputationsl damage that has serious consequences for you. You can’t prove that just on the basis of his having said you caused “harm” to the organisation. Did the emails specifically say what you were alleged to have done, did they specifically say anything damaging to your future employment or was it entirely related to the invitation to an event?
Im sorry you are going through this but I don’t know how you can get satisfaction except writing to the committee, asking them to retract and apologise.

What I would do is to screenshot the emails not forward them, and send them to the trustees stating that you are aware your reputation is being damaged and that the thing mentioned never happened, request that the situation is resolved prior to you taking next steps and put your terms of resolution into your request.

But prior to that id ask for a chat with a trustee you know and have a chat about what the hell it is all about.

The chairman verbally intimated that I wasn't invited because I had done something that jeopardised the organisation.

Did the chairman specify what this 'something' was? And how it 'jeopardized the organization' Or did they simply claim that you had 'done something' and not go into specifics?

Obviously you are more likely to have a valid claim over a specific allegation that is provably untrue, than over an opinion you disagree with. However as others have said, you must also demonstrate that you have - or are likely to - suffer serious harm as a result of the falsehood, either financially, or to your professional/personal reputation.

I'd say you have two realistic options...

1. Write to the individual (and send a copy to the board/trustees) setting out the facts of the matter (you've been made aware of an allegation circulated by the chairman, the allegation is false), how it is affecting you (reputational damage, stress, etc) and what you would like to happen to make things right (a retraction, a personal apology). Keep it brief, to the point and factual (free of emotion/opinion).

2. Engage a solicitor to send a 'Letter Before Action'. This is essentially a more formal version of the above - a warning that you consider the chairman's words to be legally defamatory, and that you may be forced to take action against him/the company unless the situation is remedied to your satisfaction. You are not under any obligation to follow through with this.

If he simply said you jeopardised the organisation without specifying how, that is clearly an expression of his opinion. It would only be a statement of fact if he said specifically how you jeopardised the organisation.

A solicitor's letter may be enough to stop him repeating the allegation, but I'm not sure you will be able to force him to apologise.

Update

There was a board meeting last night. One of the trustees just rang me to say the chairman's emails were raised and a vote of no confidence taken. Chairman has resigned and the board are writing to me to apologise and to other staff members to state the chairman was incorrect and I did not jeopardise the company at any time.

Great outcome OP

That surprises me - I’m pretty certain that it’s as dodgy as fuck for him to be treated this way! I’m also pretty sure that the board would be very stupid to write such an admission to ex staff as it would open up a whole floodgate of employment tribunals.
They clearly don’t have access to employment lawyers!

It isn't even vaguely dodgy, and an employment lawyer would not have advised them to do anything different.

You seem to misunderstand the position of the chairman. The members of the company (i.e. the shareholders) appoint the directors by vote at the AGM. Whilst some of the directors may be employees, that is separate from their position as directors. The shareholders can pass a vote removing a director at an AGM or EGM. This terminates their appointment as a director but, if they are an employee, it does not terminate their employment.

The chairman is a director who has been chosen by the other directors to fulfil the role of chairman. As with the other directors, the chairman may be an employee but that is separate from their position as chairman. A vote of no confidence is the standard way for the board of a company to remove a chairman. It does not terminate their role as a director unless they choose to resign. If they are also an employee, it does not terminate their employment unless they choose to resign or the company reaches a settlement with them. A vote of no confidence does not give the chairman any claim against the company.

Apologising to OP and writing to staff to say that the chairman was incorrect does not open up a floodgate of employment tribunals, and I've no idea why you think it would. It does not give rise to any claims from current or former employees. It heads off any possibility of legal action from OP. The only person who could take action would be the chairman but that wouldn't be through employment tribunals. It would have to be action for defamation, but that would be expensive and highly unlikely to succeed.

What a strange response - worth reading the post after yours which explains things very well

Yes. From an actual lawyer. Prh47bridge has been on this board for years providing calm measured legal advice. Good outcome OP !

Excellent outcome @IdentifyingAsAWoollyMammoth really glad for you. The behaviour is absolutely bizarre given the circumstances but obviously it couldn’t be defended when called out. Glad for you that it is over and so efficiently.