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  • FIRST POST
    • Getting_By
    • By Getting_By 7th Jul 18, 6:09 PM
    • 47Posts
    • 12Thanks
    Getting_By
    Making an allegation of bullying.
    • #1
    • 7th Jul 18, 6:09 PM
    Making an allegation of bullying. 7th Jul 18 at 6:09 PM
    Hi,


    I recently quit my job and a bullying incident was an aggravating factor. So I wrote a letter intending to post it to the top manager at the site and the CEO explaining what happened and how I think you need to be careful with this individual because I can be sure it will happen again to someone else. Anyway I was about to post it off and I bumped into someone I know that works there and told them what I was going to do and I was surprised to hear from this person that I could be sued. I was like 'eh'? All I was doing was putting down on paper what had happened to me and I included some extra information to support my allegation. It's not like the whole site will see it just the top boss.



    Does he have a point?
Page 1
    • Carrot007
    • By Carrot007 7th Jul 18, 6:14 PM
    • 1,720 Posts
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    Carrot007
    • #2
    • 7th Jul 18, 6:14 PM
    • #2
    • 7th Jul 18, 6:14 PM
    Well anyone can sue anyone else for anything. it's just weather they will win.



    As long as what you say if provable truth then you are ok.


    Although only going to be productive if you know these people might care. If they are not they may try action just to be spiteful.



    And often the person with the best lawyer will win, which is why I said provable.
    • lincroft1710
    • By lincroft1710 7th Jul 18, 6:50 PM
    • 11,181 Posts
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    lincroft1710
    • #3
    • 7th Jul 18, 6:50 PM
    • #3
    • 7th Jul 18, 6:50 PM
    If you were still working there and you had made a complaint about bullying, it could have been investigated. But you have left and so it's too late. Tear up the letter and move on with your life.
    • 74jax
    • By 74jax 7th Jul 18, 7:44 PM
    • 4,773 Posts
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    74jax
    • #4
    • 7th Jul 18, 7:44 PM
    • #4
    • 7th Jul 18, 7:44 PM
    I would have raised it whilst there. Now I think the letter will be opened by the PA, a n other, and binned.

    I wouldn't bother.
    Forty and fabulous, well that's what my cards say....
    • Getting_By
    • By Getting_By 8th Jul 18, 3:51 PM
    • 47 Posts
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    Getting_By
    • #5
    • 8th Jul 18, 3:51 PM
    • #5
    • 8th Jul 18, 3:51 PM
    Hi.


    I did make a complaint, it wasn't handled correctly and what followed was even worse - I was slandered by the bully.


    I want to post the letter. Is there anything I could put in the letter to cover my backside such as "in my opinion" etc etc?
    • tacpot12
    • By tacpot12 8th Jul 18, 4:00 PM
    • 1,496 Posts
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    tacpot12
    • #6
    • 8th Jul 18, 4:00 PM
    • #6
    • 8th Jul 18, 4:00 PM
    I would write your letter to the CEO, and CC HR. I would not send it to the site manager. If the CEO feels they need to see it, they will pass it to them, and it will have much more weight coming from the CEO.

    I would not put "In my opinion" as your opinion is almost certain to be libelous. Stick to the facts. Explain your story again. Explain how it made you feel. Explain why you are writing - to protect others. Make it clear you don't need a reply. You really don't need one. If they take action, great; if they don't, you don't want to know this as it will upset you further. As has been said, you need to move on. Write the letter if this helps get it off your chest.
    • lincroft1710
    • By lincroft1710 8th Jul 18, 4:12 PM
    • 11,181 Posts
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    lincroft1710
    • #7
    • 8th Jul 18, 4:12 PM
    • #7
    • 8th Jul 18, 4:12 PM
    I want to post the letter. Is there anything I could put in the letter to cover my backside such as "in my opinion" etc etc?
    Originally posted by Getting_By
    "In my opinion" does not "cover your backside"!

    It says that you believe what you are writing is a fair assessment of the situation. But your assessment of the situation could be flawed and your letter could thus be potentially libellous.

    You will personally gain nothing by sending this letter and it is extremely unlikely to achieve anything positive, quite possibly the reverse. It will probably be treated as from a "disgruntled ex-employee". I can only repeat my advice to tear up the letter.
    • Les79
    • By Les79 8th Jul 18, 6:37 PM
    • 596 Posts
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    Les79
    • #8
    • 8th Jul 18, 6:37 PM
    • #8
    • 8th Jul 18, 6:37 PM
    I would not put "In my opinion" as your opinion is almost certain to be libelous.
    Originally posted by tacpot12
    I like the rest of your post, except for this.

    A basic definition of "libel" is:

    "a published false statement that is damaging to a person's reputation; a written defamation."

    Not convinced that holding an "opinion" which is based around factual information constitutes being libelous, but without evidence to back up your opinion it could lead to libel claims.

    One possible avenue for OP would be to explore the concept of constructive dismissal - OP's post does suggest they've effectively had a complaint mis-handled and has felt that the only option was to resign immediately. I'm no expert on the subject by any means, but contacting ACAS could well be a good shout to see if OP potentially qualifies for this. It won't lead to much (I don't think), but it would go some way to providing you with some recompense.
    • jobbingmusician
    • By jobbingmusician 8th Jul 18, 7:46 PM
    • 19,319 Posts
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    jobbingmusician
    • #9
    • 8th Jul 18, 7:46 PM
    • #9
    • 8th Jul 18, 7:46 PM
    What are you trying to achieve by making these allegations?

    The reason I ask is I wonder if there is a regulatory body for the company that treated you badly. Would a letter to such a body, stating what happened and that you are not looking for redress, you are simply wanting to raise awareness of what went on, make you feel better? Or are you looking for some other outcome?
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    • Brynsam
    • By Brynsam 9th Jul 18, 9:13 AM
    • 1,676 Posts
    • 1,232 Thanks
    Brynsam
    Hi,


    I recently quit my job and a bullying incident was an aggravating factor. So I wrote a letter intending to post it to the top manager at the site and the CEO explaining what happened and how I think you need to be careful with this individual because I can be sure it will happen again to someone else. Anyway I was about to post it off and I bumped into someone I know that works there and told them what I was going to do and I was surprised to hear from this person that I could be sued. I was like 'eh'? All I was doing was putting down on paper what had happened to me and I included some extra information to support my allegation. It's not like the whole site will see it just the top boss.



    Does he have a point?
    Originally posted by Getting_By
    Probably not, but look again at your motivation. Normally people who 'don't want this to happen to anyone else' translates as 'I'm disgruntled it happened to me and I want everyone to know that'.

    Putting it bluntly, it's none of your concern, so why expose yourself to possible repercussions on behalf of these hypothetical 'others' ?
    • Marcon
    • By Marcon 9th Jul 18, 9:31 AM
    • 541 Posts
    • 404 Thanks
    Marcon
    I wrote a letter intending to post it to the top manager at the site and the CEO explaining what happened and how I think you need to be careful with this individual because I can be sure it will happen again to someone else. You can be sure...how, exactly? Anyway I was about to post it off and I bumped into someone I know that works there and told them what I was going to do and I was surprised to hear from this person that I could be sued. I was like 'eh'? All I was doing was putting down on paper what had happened to me and I included some extra information to support my allegation. Your 'allegation' - that's what you needed to make while you were an employee. Why add extra information now rather than when you made your complaint? It's not like the whole site will see it just the top boss. and the CEO, according to your post



    Does he have a point? Why take the risk? Your letter won't achieve anything
    Originally posted by Getting_By
    It's for the employer to look after their employees; nothing to do with you. Move on.
    • sangie595
    • By sangie595 9th Jul 18, 10:13 AM
    • 5,649 Posts
    • 9,768 Thanks
    sangie595
    I like the rest of your post, except for this.

    A basic definition of "libel" is:

    "a published false statement that is damaging to a person's reputation; a written defamation."

    Not convinced that holding an "opinion" which is based around factual information constitutes being libelous, but without evidence to back up your opinion it could lead to libel claims.

    One possible avenue for OP would be to explore the concept of constructive dismissal - OP's post does suggest they've effectively had a complaint mis-handled and has felt that the only option was to resign immediately. I'm no expert on the subject by any means, but contacting ACAS could well be a good shout to see if OP potentially qualifies for this. It won't lead to much (I don't think), but it would go some way to providing you with some recompense.
    Originally posted by Les79
    "Opinion" is a potential defence against defamation. However, it does depend on the circumstances; what is said and how it is said. However, a better "defence" is that nobody "ordinary" is going to sue anyone for defamation! It's just too costly!

    But constructive unfair dismissal is nigh on impossible to win, and not liking the outcome of a complaint really doesn't go anywhere near cutting it. You need to complete the formal grievance procedure in full - including all appeals - and even that doesn't mean you'd have a good claim, as there must still be a serious enough situation to substantiate giving up your job. A bullying incident (one, and that's assuming it actually was bullying) being an aggravating factor (in other words, not the only reason) simply isn't cause for resigning.

    All that said, frankly, I wouldn't bother writing to the employer. Sour grapes from an ex employee seldom gets listened to - and that's how it will be viewed, whatever the truth of the situation. If you want to make a stand, you make it at the time and whilst in the job- not afterwards. Complaints once you have left are pointless.
    • happyandcontented
    • By happyandcontented 9th Jul 18, 10:21 AM
    • 1,617 Posts
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    happyandcontented
    Did you not have an exit interview? If so, then that would have been the time to have raised the issue.
    • sangie595
    • By sangie595 9th Jul 18, 10:39 AM
    • 5,649 Posts
    • 9,768 Thanks
    sangie595
    Hmm. When did you "recently" quit your job? Is that the job you left several months ago? And this "slanderous" bully - are they like you, or worse than you? https://forums.moneysavingexpert.com/showthread.php?t=5771772

    It seems that you can hand it out, but can't take it?
    • shortcrust
    • By shortcrust 9th Jul 18, 11:13 AM
    • 2,149 Posts
    • 3,311 Thanks
    shortcrust
    Hmm. When did you "recently" quit your job? Is that the job you left several months ago? And this "slanderous" bully - are they like you, or worse than you? https://forums.moneysavingexpert.com/showthread.php?t=5771772

    It seems that you can hand it out, but can't take it?
    Originally posted by sangie595
    Crikey. That's an illuminating link.

    Makes the discussion rather moot. The employer will presumably already know the score with the OP and any letter will simply go in the bin.
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