Grievance Issues

[pinballguy]

Not sure if any one here covers UK law? did try to scan for a UK forum, but initial searches only revealed this one.

If in a grievance case in which communication between both parties is ongoing between the employer and the employee results in the employer making accusations to the employee that they had a complete total lack of knowledge of the software or system they were employed to use was one of the major reasons for their termination of employment, when in fact that employee has all the skills in that software but they were never given the work they employed them to do, does the employee have any legal grounds for slander/libel or defamation of character?

The UK law states that an employee has to be employed for at least 12 months before any tribunal or legal action can be taken - unfair I know - but in this case the employee had not passed their probation or been with the firm for 12 months. Whilst I know they have no legal grounds on the termination of their employment, but does the employee have any grounds over the slander/libel/defamation side of the law?

[Mr. Knowitall]

I don't claim to know U.K. law, but if the employer's statements were to the employee as opposed to a third party, they would not normally be actionable as defamation - defamation involves the making of false statements to third parties.

[pinballguy]

Ok, sorry I mentioned all three as I didnt know which one was applicable. Would this be slander? (Libel?)

[Mr. Knowitall]

In simple terms, defamation is an umbrella term, whereas slander is oral defamation and libel is written defamation.

[pinballguy]

Ok, so this in case it would be libel as they had written it?