Defamation of character

angiem287

miduck wrote: »

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.

I resigned after the 3rd serious assualt, as soon as I did they took out a disciplinary against me. The support worker I was working with that day had bullied me since I started working there, I had taken a grievence out against her 3 months prior to the 1st serious assault, Things got worse despite my telling my line manager at every supervsion meeting, This support worker has made several statements about the events that took place, every one of them contradicting the other, she finally admitted I had told her about the first 2 assaults. She was also present at the 3rd assault, as was a member of staff at the daycentre.

My statements have always stayed the same as that is what happened, I have given the same staement over and over again and it has always remained the same as that is what did happen.

I want to know what steps I can take as I feel that not only did they fail to protect me from the bullying I was recieving from the Support worker they are also blackening my name by saying im lying

Also they now say they do not have my supervision records or the record from the 3rd assault!!!!!!!!! I filled out an incident report in the presence of the said support worker, my line manager and her husband whom was also a Union rep!!!!

miduck

When did you resign, and what are the union doing to help you?

blossomhill_2

Sorry to hear you are going through this, OP

Concerning your honesty & integrity - were these assessed during your employment as part of a formal staff reporting process, and if so, were your scores above average?

Do you still have access to Union support, if so they should advise you on these residual issues

angiem287

blossomhill wrote: »

Sorry to hear you are going through this, OP

Concerning your honesty & integrity - were these assessed during your employment as part of a formal staff reporting process, and if so, were your scores above average?

Do you still have access to Union support, if so they should advise you on these residual issues

Before the assaults my work record with them was exceptional I was the staff member they called when the line manager had messed up shifts and had forgotten to put on enough cover I was contracted to work 30 hrs a week I never did less than 42 and mostly did 52 7 days a week and every bank holiday. I had glowing supervision reports every supervision, of course they now say they havn't got these records I no longer have access to the Union as due to my injuries, and badly battered confidence im only just starting to look for employment

angiem287

I resigned 2 days after the 3rd assault meduck I did however work my 2 weeks notice as required by my contract despite, being attacked every shift I did fortunately only getting ripped clothing and no bruising or injury to myself

k12479

I think you're reading too much into this, it doesn't say you're untrustworthy.

Most people, by definition, are average. Unless you had a position that required and demonstrated more responsibility, honesty and integrity than other workers (e.g. were in a position where you could easily commit fraud, etc.), then 'average' would be pretty reasonable and I would think most people reading a reference would be able to make that inference.

Besides, unless you've done anything beyond normal (like whistleblowing, testifying despite risks to your personal safety, etc.) how can you prove that your honesty and integrity is above average?

Uncertain

angiem287 wrote: »

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

I don't think anybody can give a proper answer to that without seeing the full reference and knowing the context.

However, subject to that, my view would be no - and that assumes your honesty and integrity are in fact good!

Catherine_Johnson_2

Why do you take the view that 'average' = 'bad'?

That would assume that the average person is not honest and has no integrity. That's obviously not true.

I think, maybe because of other issues which you've since brought up in this post, your judgement has become a bit clouded. There's nothing wrong with someone saying they consider you to have average integrity and honesty. In many situations this would be a positive comment.

Personally I don't think you can complain about it. You could obviously query it with them but they certainly haven't 'defamed your character'.

angiem287

k12479 wrote: »

I think you're reading too much into this, it doesn't say you're untrustworthy.

Most people, by definition, are average. Unless you had a position that required and demonstrated more responsibility, honesty and integrity than other workers (e.g. were in a position where you could easily commit fraud, etc.), then 'average' would be pretty reasonable and I would think most people reading a reference would be able to make that inference.

Besides, unless you've done anything beyond normal (like whistleblowing, testifying despite risks to your personal safety, etc.) how can you prove that you're honesty and integrity is above average?

the reason im upset is that according to the reference my reliability, flexibility and time keeping were all good, my honesty integrity, conduct, team membership and personal relations are all average!!!

I feel very insulted. I remained professional at all times despite this support worker shouting at me, belittling me in front of other staff member and the service users, continually undermining me. Lots of people have left that employer because of this lady. I am upset and angry. I was told many times not only by my line manager but also all the other staff members that I was doing an excellent job, not to mention her putting me in danger by breaking procedures which I complained about and nothing was done. So I feel very very angry about being average when before all this I was excellent!!!!!!

angiem287

Catherine_Johnson wrote: »

Why do you take the view that 'average' = 'bad'?

That would assume that the average person is not honest and has no integrity. That's obviously not true.

I think, maybe because of other issues which you've since brought up in this post, your judgement has become a bit clouded. There's nothing wrong with someone saying they consider you to have average integrity and honesty. In many situations this would be a positive comment.

Personally I don't think you can complain about it. You could obviously query it with them but they certainly haven't 'defamed your character'.

You may be right I just feel very insulted that they are now saying I am average when before it was all excellent also due to field I work in Vulnerable adults I feel that it will put off potential employers