Defamation of character

angiem287

Hi All :j

Would saying a persons Honesty and integrity as only being average on a reference be classed as Defamation of character?

Many thanks in advance for replies

McKneff

| really wouldnt know but I certainly wouldnt want it putting on a reference of mine.

I would be hopping mad, I would think it would be bringing my honesty and integrity into question. I would want an explanation as to how the observation had come about.

pink_princess

I really am concerned that you are replying to a reference request by asking strangers on a forum.

We do not know the ex/employee or how we would measure their honesty etc.

miduck

"Average" is subjective, they are not saying that you are dishonest, but equally they cannot be entirely confident that you are completely honest. It is a fluffy/ non commital way of saying they're not really sure.

Would it have a negative connotation to a prospective employer? Yes. Is it defamatory? No. Even if it was, could you afford to take legal action?

The only thing I can suggest is to ask your previous employer why they put what they did.

angiem287

Hi McKneff

thank you for replying I am very hopping mad I pride myself on being a very honest truthful law abiding citizen and this has deeply upset me

miduck

pink_princess wrote: »

I really am concerned that you are replying to a reference request by asking strangers on a forum.

We do not know the ex/employee or how we would measure their honesty etc.

I took it that the OP was the former employee, not employer?

(Cross post - yes, the OP is the employee.)

angiem287

miduck wrote: »

"Average" is subjective, they are not saying that you are dishonest, but equally they cannot be entirely confident that you are completely honest. It is a fluffy/ non commital way of saying they're not really sure.

Would it have a negative connotation to a prospective employer? Yes. Is it defamatory? No. Even if it was, could you afford to take legal action?

The only thing I can suggest is to ask your previous employer why they put what they did.

Hi Miduck

I know exactly why they have done this I was assualted 3 times at work by a service user, (many more times but 3 times where i recieved serious injury) resulting in a protruding disc and severe bruising and grazes. my union whom they told me to inform, put me in touch with a solicitor. My former employer decided that because of the solicitor involvement I was lying about the assualts :mad::mad::mad: and they never happened and thats not even all the events that took place im very angry and very very upset :mad::mad::(

pink_princess

miduck wrote: »

I took it that the OP was the former employee, not employer?

(Cross post - yes, the OP is the employee.)

OOPS, Thanks miduck

In that case no, that is their opinion.

angiem287

pink_princess wrote: »

I really am concerned that you are replying to a reference request by asking strangers on a forum.

We do not know the ex/employee or how we would measure their honesty etc.

Sorry Pinkprincess I think ive written it wrong the reason I am asking is that my former Employer (me being the Employee) has sent out references saying my honesty and integrity is only average

Daedalus

References between past and future employers are covered by qualified privilege, the normal laws of defamation do not apply. You have to prove they are malicious or fundamentally wrong. You won't be able to without some proof that recently he has said your honest and integrity is above average.

I wouldn't agree that the comment was defamatory to begin with.

miduck

angiem287 wrote: »

Hi Miduck

I know exactly why they have done this I was assualted 3 times at work by a service user, (many more times but 3 times where i recieved serious injury) resulting in a protruding disc and severe bruising and grazes. my union whom they told me to inform, put me in touch with a solicitor. My former employer decided that because of the solicitor involvement I was lying about the assualts :mad::mad::mad: and they never happened and thats not even all the events that took place im very angry and very very upset :mad::mad::(

In that case all they need to do is prove that their belief was reasonable - in cases of "one word against the other" this can come down to who they feel is more believable.

Did you resign from this role, and what is it you want to happen now? A defamation action will cost thousands, to the extent that it is outside the reach of most people.