Manager has openly criticised me on Facebook

Nicki

Defamation cases no longer have to be brought in the High Court. When they were heard by juries this was the case, because only the High Court had a jury list, but when that was abolished about 5 years ago the County Court was given jurisdiction.

If the OP is going to represent themselves, and has no experience of either employment cases or civil cases, there won't be any difference in complexity and the court staff and judges will give them help and a degree of leeway as a litigant in person. As I said previously, the employer would have to prove that what he said was true - whereas in the employment tribunal the burden is on the employee to prove his dismissal was unfair. The damages award for the libel claim would be higher too.

If he has less than 2 years service, it is in any case his only real valid option. If more than 2 years, he can choose which one he feels more comfortable with. If he goes down the employment tribunal route however he should be aware of the short timescale within which to bring proceedings and make sure he doesn't miss that (3 months from dismissal I believe).

pawlala

Onemanarmy wrote: »

I've recently found out that my manager has posted a photo of me along with a 200 word critique of my ability to do my job on a public Facebook page.

Not wishing to condone your manager for doing what he did, but was any of it justified? I would suggest offering a meeting at work otherwise this could be the start of an unwanted hate campaign against you.:)

steampowered

Nicki wrote: »

Defamation cases no longer have to be brought in the High Court. When they were heard by juries this was the case, because only the High Court had a jury list, but when that was abolished about 5 years ago the County Court was given jurisdiction.

Correct me if I am wrong, but I was under the impression that under the changes made in 2010 both parties would need to agree in order for a defamation case to go to the county court?

So the Op could only go to county court for defamation if the employer agrees to it.

See https://www.judiciary.gov.uk/you-and-the-judiciary/going-to-court/county-court/ and http://www.5rb.com/wp-content/uploads/2014/08/Defamation-County-Court-Counsel-Jonathan-Barnes.pdf:

To all intents and purposes, defamation claims currently have to be issued in the High Court. Unless the warring parties agree under section 18 of the County Courts Act 1984 to give the county court jurisdiction in their dispute, section 15 of the same Act provides that the county court does not have jurisdiction to hear and determine any defamation action. A claim can then find its way to the county court only if it is transferred there, by the High Court, under section 40 of the 1984 Act.

The criteria for transfer generally are set out under Civil Procedure Rule 30.3, but in practice transfer from the High Court to the county court occurs very rarely in defamation actions.

Onemanarmy

Thanks for all your advice, I've only been at this job since September so I'm well under the two years service.

I think I will just have to find another job and move on, I'll bring it up and hope for an apology and for it to be taken down or edited but I'll let it be known that my intention is to leave the company.

Masomnia

Onemanarmy wrote: »

Thanks for all your advice, I've only been at this job since September so I'm well under the two years service.

I think I will just have to find another job and move on, I'll bring it up and hope for an apology and for it to be taken down or edited but I'll let it be known that my intention is to leave the company.

Sounds like a lucky escape to me. Hope you find something soon.

Onemanarmy

pawlala wrote: »

Not wishing to condone your manager for doing what he did, but was any of it justified? I would suggest offering a meeting at work otherwise this could be the start of an unwanted hate campaign against you.:)

I think if the criticism was said to me directly and privately then I wouldn't have a problem with it. It's just the humiliating aspect of having it present on a webpage visible to everyone that has made me feel undermined and upset.

Onemanarmy

Masomnia wrote: »

Sounds like a lucky escape to me. Hope you find something soon.

Thanks, I would love to leave right away but I just wouldn't want to risk being unemployed for a long period, I've never had any time out of work or education so I wouldn't want to start now.

tizerbelle

Onemanarmy wrote: »

Thanks for all your advice, I've only been at this job since September so I'm well under the two years service.

I think I will just have to find another job and move on, I'll bring it up and hope for an apology and for it to be taken down or edited but I'll let it be known that my intention is to leave the company.

Beware, if you do let them know you are planning on leaving, with only a few months service under your belt and irrespective of what the MD did, you may well find yourself out the door a lot quicker than you hoped and before you have something else lined up.

Onemanarmy

tizerbelle wrote: »

Beware, if you do let them know you are planning on leaving, with only a few months service under your belt and irrespective of what the MD did, you may well find yourself out the door a lot quicker than you hoped and before you have something else lined up.

Very true, my manager's aware that I plan to go back to university in September and that I only really see this job as a stopgap. But I was reprehended a few weeks ago because somebody told my boss that I was applying for jobs which was a lie. I'm still being contacted by recruitment agencies keen on offering me interviews but I've turned them down on every occasion.

Undervalued

Onemanarmy wrote: »

I think if the criticism was said to me directly and privately then I wouldn't have a problem with it. It's just the humiliating aspect of having it present on a webpage visible to everyone that has made me feel undermined and upset.

I am sure it is but are his comments true? If they are then, however unwelcome or tasteless they may be, there is little you can do.