Is There Any Point In A Defamation Case Against A Colleague?

[EverClean]

I am going through a disciplinary process at work (I have posted about this under Jobs & Education and received a lot of support and advice)

This all came about from a letter making a complaint about me from a colleague. The letter outlines 5 "incidents" relating to my conduct. All are fabricated, and all but 1 have no witnesses, so her word against mine. The one with a witness is sketchy, without a specific time and the 2 accounts are slightly different in their nature.

I am pretty upset about this, and I feel that 2 of the allegations in particular are major slights against my character.

My question is - can I start a defamation case against a colleague for unfounded allegations that she can't possibly back up with evidence?

I know this is probably quite a radical step, but I don't feel prepared to take this on the chin.

[woofgang]

do you mean a legal case in court or a harassment case within your company's HR policies? If you mean in court, you ave better be rich as the matter is not criminal and you'd be funding it yourself. Even if you prevailed and won your case you'd be unlikely to get back your costs even if awarded unless your harasser is rich too.

[EverClean]

I meant in court. I kind of thought it would be expensive, and the person who has made the allegations probably wouldn't have any money, but I've been defamed, and I want the other side to know that they just can't go around making accusations that are untrue and can't be backed up.

I wouldn't be doing it to get money from them, more of a principle thing. Being stupid enough to put hurtful lies in print should be punishable in my view.

[woofgang]

are you rich?

[sunny-dave]

If/When the disciplinary process finds in your favour (ie agrees that the allegations are unfounded), the obvious thing to do is start a grievance procedure against your accuser over the false allegations - that way they get to undergo the same stress that you have suffered and their reputation will be in tatters.

[EverClean]

No, not rich, just feeling aggrieved.

I will look into a return grievance, as I think it probably fits my mindset at the moment. It's just someone who obviously doesn't like me, trying to get me into trouble for some reason. I don't have a great deal to do with the accuser - they work in a different department - so I can't see how I've upset them so, but I think that their behaviour should be marked as unacceptable.

Thanks for your comments, guys.

[Peter Pedant]

No dont
complete waste of money

George Carman QC said once - people only sue in libel when they have done it. - of Gillian Playforth's case

I am one of the people who designed some sort of defence for you...
Use that, and then bask in the glory of having won....

it IS a radical step,
not in your interests at any pint
and a complete waste of money

other than that - yeah why not ?


Remember all the rape cases -are
Vic - he did X
Def: no I didnt !

and sometimes ( wow!) the defendant is convicted !

[pixie373]

I agree with sunny Dave. Use the processes at work to show that you haven't "got away with it"- the other person is a liar. I wouldn't waste money going to court.

[Peter Pedant]

win your own case first
and then go and have a drink

[atalanta]

I have actually heard of this scenario:
Aggrieved party to solicitor: "I want to sue for libel"
Solicitor:" Put up £10,000 up front, and I'll start proceedings"

[EverClean]

I thought it may be costly but personally satisfying, but not at £10,000+

I think I'll settle my case and when cleared, I'll look into a counter-grievance and victimisation against my manager (there's loads of procedural errors and malicious decisions involved in her investigation)

Thanks to everyone for their advice.

[dunnitall]

Good luck EC I can't imagine what you are going through with hands tied when it's your word against theirs, I hope it comes right for you. I hate injustice myself so my thoughts are with you.

[EverClean]

Thanks dunitall. I've been off AB for a while, but the support and kindness of contributors on here has been fantastic.