Ask defamation law questions free

In order to avoid unfairly dismissing an employee or employees, the employers reason(s) for the dismissal must be fair, for instance:

a. a reason relating to the employee’s capability or qualification for performing work of the kind s/he was employed to do
b. a reason relating to the conduct of the employee
c. the employee is made redundant or
d. for some other substantial reason of a kind that would justify dismissal.

This would vary as it would depend on the reason for dismissal. If an employee is dismissed for gross misconduct for instance, the procedure would be different to say someone dismissed due to a redundancy situation.

No, where an employer fails to serve notice, or insufficient statutory notice, the period of employment will be extended. The employment would be deemed to be continuing.

Yes, Section 98(3)(a) and S98 (2)(a) of the Employment Rights Act 1996 addresses this. The statutory definition of ‘capacity’ is capability assessed by reference to skill, aptitude, health or any other physical or mental quality. Qualification means, any degree, diploma or other academic, technical or professional qualification relevant to the position which the employee held.

No, some employees do not qualify to bring an unfair dismissal claim. An employee must now have worked (employees employed after April 2014) for the employer for 2 years before they can bring a claim of unfair dismissal.

In all redundancy situations, employers must meet with all potentially redundant employees individually, explaining the situation and why they are been made redundant whether its compulsory or voluntary redundancy.
Individually consultation is necessary even in collective redundancy.

Compensation in stress related claims can be very high, this would vary depending on what led to the stress. High compensation is likely particularly where the employees might never work again.

In order to bring an equal pay claim, an individual must choose a person of the opposite sex as their comparator. The individual must then show that the comparator is paid more.

You must have been married for a just over one year before you can file for divorce in England and Wales.

There are 5 reasons that can be used which demonstrate that the marriage has irretrievably broken down. These are:
a. Adultery
b. Unreasonable behaviour
c. Two years’ separation
d. Five years’ separation
e. Desertion

Aggressive and violent behaviour from your spouse/partner would come under ‘Unreasonable behaviour’.

After a relationship breakdown it can be difficult for everyone involved, especially the children. The legal aim is on protecting the rights of the child(ren), which includes concerns for their safety and well-being and their right to have relationship with both parents. If the parents cannot agree between themselves as to where the children would live, then the court may have to be asked to make a decision. The court will make a contact/ residence order to determine this.

A grandparent, who fears losing contact with their grandchild(ren) should first of all approach the child(ren)’s mother or father and explain that no matter what the problems are between the parents, they do not intend to take sides but that they only wish to maintain contact with their grandchild(ren). However, this might be very difficult to achieve if the relationship with the parent or parents has broken down to such an extend that this is not possible. In those circumstances, mediation would be the best option.

Your marriage should be recognised in the UK if you follow the correct process according to the local law. You would have needed to contact the local authority in the country where you want to get married to find out what you need to do.

If a child is being taken abroad, consideration should first of all be given as to who has parental responsibility. If both parents have parental responsibility and there are no residence orders or other restrictions in place, then neither can take the child on holiday outside the United Kingdom without the written consent of the other parent or other party with parental responsibility. The situation would however be different where only one parent has a residence order. A person with a Residence Order can take a child abroad for up to a month without the written consent of the other parent. However, it is good parenting to endeavour to agree the arrangements in advance.

There is a remedy available from the family courts and its called a decree of Judicial Separation. This is not a divorce and the parties remain married but in effect, there is marital separation, all the normal marital obligations come to an end. A decree of judicial separation can be granted for any of the grounds which would justify a divorce i.e. unreasonable behaviour, adultery etc.

Yes, you can sue your former employer for defamation of character. You can sue any individual, company or legal body involved in the defamation of your character through what has been published or spoken.

A statement may be considered defamatory if it intends to do the
following:

a. disparage a claimant in their business, trade, profession or office; b. lower the claimant in the estimation of right-thinking members of the society; c. causes the claimant to be avoided or shunned; d. expose the claimant to hatred, ridicule and contempt.

Any allegation that suggest a person is corrupt, immoral, incompetent, producer of shoddy goods, dishonest, guilty of a criminal act or insolvent may be considered to be defamatory.

When a company or an individual brings a libel or slander action, they must show the following:

a. that the words are defamatory of them b. that the words would be deemed to refer to them by one other person; c. that the words have been published to a third party.

In bringing a libel case, you don’t have to prove that the words are false or prove that he has in fact suffered a loss. Damages is automatically assumed. Whereas, in a slander case, the claimant will need to prove that the defamatory allegations caused actual financial damage, unless this is within certain categories.

Libel concerns written words and materials published or a broadcast on television or radio. Slander on the other hand concerns the spoken word(speech)..

Yes, you can still bring a claim. Libel claims should usually be brought within one year of the date of publication or the material containing the defamatory allegations complained of. The court might decide to extend this in exceptional cases.

Yes, there are three main defences available to a defendant in a libel action, these are: Justification, Fair comment and privilege.

Justification: This is also referred to as true statement or truth, it is a complete defence to a libel action. The onus is on the defendant to prove that the allegations are indeed true.

Fair comment: Fair or honest comment defence applies only to expressions of opinion, rather than to statements of fact.

Privilege: The UK law recognises that there are circumstances in which it is in the public interest to permit greater freedom of speech. There are qualified and absolute privileges.

In malicious falsehood, the claimant must prove that the words are:

a. False
b. the publication was malicious
c. special damage flowed from the publication.

The words do not have to be defamatory unlike in libel and slander claims.

Yes, however in some circumstances, internet service providers may not be liable for hosting defamatory material. You can claim damages against your ex partner.