Defamation not only comes in the form of widespread communications, or publications to general members of the public, but can also occur in smaller, enclosed settings such as workplaces. A person need only prove the following conditions for it to amount to a legitimate case of defamation:
- The content in question must be defamatory
- The content must be published to at least one third party
- The content needs to mention the person either explicitly or implicitly with outside proof needed to confirm that a reasonable person could identify the person from the content being complained about
- The intention to defame (and not simply telling the truth or expressing honest opinions)
- The content causing actual and serious harm or damage to the person, including showing evidence of the harm caused
Defamation between employees
The most common examples of defamation between employees can be grouped into the categories below:
- The publication of defamatory content on an employee’s social media platform about another employee, where other members of the workplace can view the content. For example, a public Instagram post “exposing” another coworker’s interests and hobbies outside of work to frame them as someone of poor character.
- Sending emails to another employee, such as a supervisor, with false complaints or untrue narratives about another employee resulting in material harm to their professional reputation, such as a loss of promotion, sudden HR reviews, or even termination of their contract.
- The publication of content such as messages or posts on professional communication platforms used by the company, such as Microsoft Teams, Slack or Google Workspace, that are of a defamatory nature to another employee and may contribute to, or result in, lowered opinions or false beliefs about an employee.
It is also important to recognise that defaming a former employee could lead to a valid defamation claim if it is proven that the defamatory content directly caused significant harm to the employee after they left the company, for instance:
- Poor reputation among the work sector or industry, leading to loss of employment
- Harassment
- Erosion of interpersonal relationships
- Deterioration of mental health due to anxieties, stress or depression about the possible consequences of the defamatory statements
Defamation from employers
Defamation from employers follows the same line of reasoning. Occasionally, the distinction of what constitutes defamation in an employer-employee relationship can be fuzzy, with performance reviews or genuine feedback potentially labelled as defamatory and malicious. Here are three main defences for employers:
- Truth: where the statement was substantially true, even if it tarnishes the employee’s reputation
- Honest opinion: where the statement was made in good faith and was the employer’s honest opinion of the employee. For example, in a team performance review, if the employer states that the employee has insufficient skills in completing certain tasks and genuinely believes so, it is unlikely that the statement is defamatory.
- Qualified privilege: when the employer has a legal, social or moral duty to communicate certain information, and the recipient has a corresponding right to receive the truthful information. This is usually in the form of job references or professional performance reports.
Contact Nath Solicitors
If you need advice or assistance on defamation matters, please contact Nath Solicitors on 0203 983 8278 or get in touch with the firm online.