Help needed! LIBEL CLAIM!

[leanne1892]

Hi any information will be much appreciated the scenario is this:

 

Called in to the office on Fri 5th July along with another employee, manager says to us 'sorry its not working out the way we planned where going to have to let you go'...

 

Ive been there for only 4 months and no contract was ever drawn up. There was no prior warning of this lay off etc, they have hired two ne members of staff who began the following Monday so its not down to being over staffed.

 

I called up the office latter that Friday to request for this to be put into writting, I was advised this would be done, Thursday (yesterday) came and nothing had arrived in the post so I wrote an email to the director requesting the written lay off be actioned and sent via email or posted to my address, this email was never acknowleged but at least I could confirm the request was made as I had done so in a written format rather than just verbally.

 

I vented by dismay in a facebook (Fri 5th July) status which has resulted in me receiving a solicitors letter dated 10th July advising the company is going to sue me for libel for causing stress and loss of business, damage to reputation etc... They are seeking a full retraction (needs to be approved by their solicitor) damages, money to cover there outlay in this matter so far etc...

They laid me off with no warning etc and will now be signing on to jsa so dont have pennies never mind pounds to offer them damages, plus what was written was true, partially under maliace, can provide evidence is needed, opinions etc...

 

I wanna know where i stand with this, as i am willing to see this to the end and follow whatever cause of action is needed.

 

Regards and thanks

[gordies]

Did you make a statement about the company that you can PROVE was true?

[becky2585]

What exactly did you say on Facebook?

[leanne1892]

This is the statement, I have blanked out the company name but this was showing on original post via facebook I have been previously advised that as they are making the claim they need to prove it too be false not me proving it right is this correct? I can provide evidence of there lack of knowledge, poor after sales, complaints etc...

 

oh well nice early dart from work as ive been sacked, yes sacked form ???? the place where the management are full on ****houses, too become a manager you need to know bare minimal about the overall job role and just wing it, customer service is not in there vocab, after care doesnt exist, poor workmanship is the norm and the day to day aspects are overall ****e, so good riddance on too new and exciting things, anyone wanting any plumbing work done chose ???? at ur own risk as u have been warned!

 

Thanks for the quick reply, Regards.

[gordies]

In the UK it is up to you to prove that what you said was true.

 

(The other way is the American way.)

 

In future it is a lot safer to say 'In my opinion the management are ****houses', then it is your opinion and not libellous.

 

So, can you prove the management are ****houses, etc etc etc? I doubt you will be able to and they could have you in court. It might be time to start grovelling.

[Emmzzi]

Apologise and retract. You've been a bit daft and you won't win this one.

[leanne1892]

thanks for the replies again.

 

the managment are ****houses comment is in regards to them not supplying a reason and pussy footing wrong the release, they wont reply to my request for the release to be put in writting or an explanation so yes they are ****houses and hiding coz they avnt got a reason.

 

I wont be apologising as I stand by my comment 100% my opinion of the managers is they are ****houses and its not just an apology there after damages etc, it was an employment law advisor who advised they need to prove me right there UK based? I seem to keep getting conflicting information from all different sources, I feel i will just respond with ' i will delete the comment but will not agree to the other terms laid out' and take it from there, as they wont be able to get any form of payment from someone who hasnt got it, so really what is the worst that can be done??

 

This is all spirialling from different angles whenever I've asked about this it seems to branch eachway and everyway no1 seems to have the one set answer, ive been told to ignore it and do nothing, write and state i will see them in court along with evidence needed etc, agree to it and explain damages wont be able to be offered... not really getting a consistnet response...

 

Its been explained the libel is hard to prove and courts r costly and timely so why take sum1 thru all that to get nothing?

 

Thanks for all the advice

[Emmzzi]

It may be a threat. They may be looking for someone to make an example of to others and are willing to spend the cash. who better than someone that has already left?

 

Your call, but I bet they can afford more lawyers than you.

 

Why not take it down, and sleep on it? Time can give a different and less emotional perspective.

[steampowered]

Did you post on your personal facebook page or the company page? Would it have been seen by customers? If it was on your personal page I can't think they would be entitled to much in the way of damages. In any event, you should delete the comment immediately, keeping it will only increase the risk to you.

 

The easy approach would be to delete, apologise and sit tight. I doubt they would want to go through the cost of bringing a libel claim. However I would not be paying anything towards their solicitor's costs.

 

The more aggressive approach would be to sue them in Employment Tribunal for a week's notice pay under s97 Employment Rights Act 1996 and two to four weeks' pay for failure to provide a statement of employment particulars under s38 Employment Act 2002 as a bolt-on claim ... assuming of course that you did not get any notice. The intended strategy could be to settle the employment claim for notice pay only, settling the libel claim and a promise of a standard form reference.

[leanne1892]

I have taken it down i stated i wont apolgise for it, there a small company who on a day to day basis had debt companies chasing them so i feel its a scare tactic but its not worked on me as im willing to go the full hog, they may be able to afford lawyers but the fact i cant is the main concern why take sum1 to court when u wont get ne money outa it from me knowing i cant pay solicitor bills etc makes this laughable to me as it seems pointless, i never left tho they released me with no reason so have kind of chose the wrong person to use as an example as im bound to be reathing from being released an dont have nething to lose really. Thanks again.

[leanne1892]

Did you post on your personal facebook page or the company page? Would it have been seen by customers? If it was on your personal page I can't think they would be entitled to much in the way of damages. In any event, you should delete the comment immediately, keeping it will only increase the risk to you.

 

The easy approach would be to delete, apologise and sit tight. I doubt they would want to go through the cost of bringing a libel claim. However I would not be paying anything towards their solicitor's costs.

 

The more aggressive approach would be to sue them in Employment Tribunal for a week's notice pay under s97 Employment Rights Act 1996 and two to four weeks' pay for failure to provide a statement of employment particulars under s38 Employment Act 2002 as a bolt-on claim ... assuming of course that you did not get any notice. The intended strategy could be to settle the employment claim for notice pay only, settling the libel claim and a promise of a standard form reference.

It was may facebook account not a company, the comment has been removed etc, they never gave ne notice but did say they would pay us 1 week, its due end of the mth an with this going on i feel i wont get paid at all, whats the statement of employment all about? Thanks

[Emmzzi]

do they have a social media policy?

[smokejumper]

I used to use facebook, but cancelled the account. Facebook causes too many problems.

 

Seen two friends working for different companies, come to grief through FB.

 

Not much you can do now, but good luck with your new future.

[steampowered]

It was may facebook account not a company, the comment has been removed etc, they never gave ne notice but did say they would pay us 1 week, its due end of the mth an with this going on i feel i wont get paid at all, whats the statement of employment all about? Thanks

 

The employer has to give you a written statement of employment particulars within two months of starting work. If they do not, then they are liable for two to four weeks' pay.

 

However, you are not allowed to bring an Employment Tribunal claim for that alone. You must have something else to claim for, and can then piggy-back the statement of particulars claim onto the other claim.

[leanne1892]

Hi there was no social media policy, there was no contract ever given or anything every signed for to discuss matters like this, ill look into the aspect of the statement as said we where never given anything in there within the two months timescale or even upto the point of being released.

 

Ive asked for the release in writting and so far nothing has been actioned by them they are also not providing a reference to a potential new employer and are ignoring my calls, are they allowed to do all this?

 

Thanks.

[leanne1892]

Letter received today in regards to my request for the release to be put in writting:

 

'Further to your email I can confirm your P45 is in the post to you. This will confimr that your employment with ???? has ended. This should suffice for benefit purposes.'

 

I was under the impression this P45 could not be generated until final wage had been given for this to be included within the P45 calculation, this too me seems that they are not going to pay me monies owed is this allowed by law? I worked 2 weeks and was due 1 weeks notice and any holiday pay?

Thanks.

[Emmzzi]

They don't haveto give you a reference.

 

Wait and see what the p45 syas

[leanne1892]

not even to confirm start an end dates of employment?

Thanks I will do.

[steampowered]

A "release" has no real legal significance and they don't have to give one. Best to wait and see what the P45 says and whether you end up getting your notice pay and holiday pay.

[ericsbrother]

A small company would have bankrupted themselves suing you for libel and unless you have substantial assets it would be a pyhhric victory. However, that doesnt entitle you to make untrue comments but their behaviour does leave them open to being the subject of true comments as a follow-up if they really want to try it on with your unresolved employment issues.

Try and get the matter resolved to your satisfaction by working to secure the pay that is due and any holiday pay as well (probably 4 days pay).