Hi all

I've been told i can sue a former employer for slander and/or defamation of character after he called someone for a reference and then proceeded to just slag me off to them.

Is this true, can anyone help?

Of course you can sue them.
Whether you can win or not is another matter.

You are going to have extreme difficulty in proving what was said and that it was not true.

If you can prove what was said, their defence will involve showing that what was said was true by dragging out every accusation they can find against your character.
Not a very nice thing to go through.

Talk to the solicitors. If they think that you have a strong case then they may take you on.

To be honest, and without knowing any more than you have told us, I would think that you have very little chance.

How are you going to prove that he did in fact say these things?

Well, the referee actually told me what had happened as we are friends. I have asked him to script the conversation so that I can hand it to a solicitor if the case is worth pursuing.

I would gladly go through everything that was said as it would have been the basis of an unfair dismissal case so would only do me a favour.

What would you do?

could get a bit ticky as you are friends and they could argue that its made up.

Hmmmm

Can anyone recommend a good solicitor?

Hearsay mate that's what a solicitor will say,unless you have it in writing or on tape,I do not think you have a case.

Some legal info on giving bad references, may be useful...

Under the Data Protection Act 1998, confidential references which you give are exempt from disclosure. This means that you can legitimately refuse to supply the ex-employee with a copy of the reference.

Obviously, if you are happy to let him see what you have written, then you should disclose it, especially if you are satisfied it is just and true (see further below). Unfortunately, however, the exemption does not cover references received by a prospective employer. Thus, the ex-employee is free to make a request for access to the reference recipients.

In considering whether to disclose the reference, a prospective employer should either obtain your consent or it must be reasonable in all the circumstances to dispense with your consent.

If you want to try and prevent disclosure, you should mark future references 'private and confidential' and include a statement that it should not be disclosed to the ex-employee without your prior written consent. It is not clear what action your ex-employee is threatening under the Data Protection Act 1998. It is assumed his threatened action is, first, in respect of obtaining a copy of the reference, in which case the provisions set out above apply. His next action would be a negligence claim through the civil courts.

You owe a duty of care to the ex-employee in providing a reference to a prospective employer. Your duty is to take reasonable care in the preparation of the reference and you will be liable to the employee in negligence if you fail to do so and the employee suffers loss or damage as a result.

Your obligation is to provide a true, accurate and fair reference. The reference must not give a misleading impression. However, as long as the reference is accurate and does not tend to mislead, there is no obligation on you to set out great detail or to be comprehensive.

Essentially, this means you must be able to substantiate the comments you have made in the reference with hard evidence and you must not give misleading information, whether by the selective provision of information or by the inclusion of information in a manner that would lead a reasonable recipient to draw a false or mistaken inference. For example, you should not allude to an employee's misconduct if you have never carried out an investigation into that misconduct and you do not therefore have reasonable grounds for believing in that misconduct.

Claire Birkinshaw, legal expert, Federation of Small Businesses

From here (http://newswww.bbc.net.uk/1/hi/business/3065319.stm)

If you ask some people, they'll say that "giving a bad reference is illegal". It's not, but giving an unsubstantiated bad reference can get you sued for slander if you can prove it.

I would get another friend to call your ex-employer asking for a reference, but this time make a recording.

How much money do you deserve for someone slagging you off? Did it prevent you getting the job?

You need to differentiate between slander (spoken word) and libel (written word).

My understanding of suing for slander is that the words spoken have to be proved to have been said, are untrue, and are of such a degree that they have a potential detrimental effect (e.g., ruined reputation, loss of job). I also believe that slander is a civil matter (i.e., it is not a crime), and would be costly to pursue by civil action, and the damages - if slander is proved - are usually minimal.