Pub landloord written false allegations, Gone from slander to liable |
Pub landloord written false allegations, Gone from slander to liable |
Tue, 4 Feb 2020 - 10:10
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#1
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Member Group: Life Member Posts: 1,668 Joined: 9 Nov 2008 From: Doldrums Member No.: 23,903 |
Landlord has falsely accused a lady, who works in a shop adjacent to a pub. Who will be referred to as Miss K. He had type written letter on the Brewery's headed paper. This letter was handed to a member of staff in the shop for the attention of the manager.
The landlord's letter is as follows: I have been informed by a member of my staff that a customer Mr G has been sending her text messages spreading rumoursabout myself and a member [ Miss W ] of my staff have been involved in a sexual relationship. The staff member confrontedMr G who told her that the messages were coming from a member of your staff who he was seeing and she was jealous becauseMiss W was friendly with her ex-partner. The staff member is miss K. I thought I would bring this to your attention that a member of your staff was acting in an unprofessional manner. I will not be servingMiss K in the pub again and hope there will be no repeats of her childish antics Signed landlord Miss K categorically denies this allegation and sent the letter to her head office, who are apparently furious. Her head office have put in a serious complaint to the brewery. Brewery will be speaking to the landlord on his return from holiday. So several questions. 1. Is the landlord's actions gross misconduct. 2. Has he committed libel. 3. Does Miss K have grounds for suing the landlord or the brewery. This post has been edited by Mayhem007: Tue, 4 Feb 2020 - 11:27 -------------------- STAND UP FOR YOURSELF OR YOU WILL FALL FOR ANYTHING
Ultracrepadarion - A person who offers an opinion on a subject they know nothing about. |
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Tue, 4 Feb 2020 - 10:10
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Tue, 4 Feb 2020 - 11:12
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#2
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Miss K should go and take proper legal advice. Actions for defamation (“liable” did amuse me - autocorrect can be a bugger) can be vastly expensive and the law has gone through some change recently. Whether it is or isn’t gross misconduct on the landlord’s part isn’t really her concern - that is between him and his employer, if any. If she has a cause of action against the landlord (on which I make no comment) she may have one against the brewery if it is vicariously liable as his employer.
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Tue, 4 Feb 2020 - 11:39
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#3
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Member Group: Life Member Posts: 1,668 Joined: 9 Nov 2008 From: Doldrums Member No.: 23,903 |
Miss K should go and take proper legal advice. Actions for defamation (“liable” did amuse me - autocorrect can be a bugger) can be vastly expensive and the law has gone through some change recently. Whether it is or isn’t gross misconduct on the landlord’s part isn’t really her concern - that is between him and his employer, if any. If she has a cause of action against the landlord (on which I make no comment) she may have one against the brewery if it is vicariously liable as his employer. Thanks for the reply. Would she be able to reclaim her costs. This post has been edited by Mayhem007: Tue, 4 Feb 2020 - 11:43 -------------------- STAND UP FOR YOURSELF OR YOU WILL FALL FOR ANYTHING
Ultracrepadarion - A person who offers an opinion on a subject they know nothing about. |
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Tue, 4 Feb 2020 - 12:44
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#4
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
So MrG, having been caught spreading a false rumour had blamed Miss K and the landlord just blindly accepted that without checking to see if MrG had started it and was now blaming an innocent party to clear their own ass!
The man’s an idiot, but in this case it would appear to be MrG who was the one libelling as the Landlords letter appears to make it clear he’s not saying that as fact (even though he’s accepted it at face value) but MrG. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
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Tue, 4 Feb 2020 - 12:53
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#5
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Webmaster Group: Root Admin Posts: 8,205 Joined: 30 Mar 2003 From: Wokingham, UK Member No.: 2 |
This sounds like a pretty trivial thing to want to put yourself through the potential cost, and definite stress, of a defamation claim, TBH.
-------------------- Regards,
Fredd __________________________________________________________________________
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Tue, 4 Feb 2020 - 13:11
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#6
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Member Group: Life Member Posts: 1,668 Joined: 9 Nov 2008 From: Doldrums Member No.: 23,903 |
So MrG, having been caught spreading a false rumour had blamed Miss K and the landlord just blindly accepted that without checking to see if MrG had started it and was now blaming an innocent party to clear their own ass! The man’s an idiot, but in this case it would appear to be MrG who was the one libelling as the Landlords letter appears to make it clear he’s not saying that as fact (even though he’s accepted it at face value) but MrG. You're absolutely spot on the man is a complete idiot. And he does appear to blame her, as he has banned her from the pub, which is grossly unfair.I also know there is not a great deal of love between the landlord and MrG. MrG could very well be covering his tracks. I daresay MrG could deny the mud slinging, as he didn't put anything in writing. This sounds like a pretty trivial thing to want to put yourself through the potential cost, and definite stress, of a defamation claim, TBH. In all honesty, I doubt she would pursue the matter, however I reckon she would want the ban lifted and a letter of apology This post has been edited by Mayhem007: Tue, 4 Feb 2020 - 13:37 -------------------- STAND UP FOR YOURSELF OR YOU WILL FALL FOR ANYTHING
Ultracrepadarion - A person who offers an opinion on a subject they know nothing about. |
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Tue, 4 Feb 2020 - 16:29
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#7
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Member Group: Members Posts: 7,235 Joined: 5 Jan 2007 From: England Member No.: 9,919 |
I think it was the butler with his candle stick !
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Tue, 4 Feb 2020 - 18:04
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#8
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Member Group: Members Posts: 3,140 Joined: 19 Jun 2004 From: Surrey Member No.: 1,326 |
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Tue, 4 Feb 2020 - 19:27
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#9
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
This sounds like a pretty trivial thing to want to put yourself through the potential cost, and definite stress, of a defamation claim, TBH. Indeed. Better to just let it go. +1 -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Wed, 5 Feb 2020 - 04:05
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#10
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
If I were MissK i'd request a personal meeting with the Landlord to 'set the record straight'.
Was MrG 'seeing' as suggested MissK, and if he did say that is she still seeing him, if he said that and she's still seeing him it would not make her case very credible I'd suggest? -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Wed, 5 Feb 2020 - 11:45
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#11
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Member Group: Life Member Posts: 1,668 Joined: 9 Nov 2008 From: Doldrums Member No.: 23,903 |
If I were MissK i'd request a personal meeting with the Landlord to 'set the record straight'. Was MrG 'seeing' as suggested MissK, and if he did say that is she still seeing him, if he said that and she's still seeing him it would not make her case very credible I'd suggest? I'm out of the country for a few weeks and will probably be able to shed more light later, especially when the landlord gets back from his hols -------------------- STAND UP FOR YOURSELF OR YOU WILL FALL FOR ANYTHING
Ultracrepadarion - A person who offers an opinion on a subject they know nothing about. |
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Fri, 6 Mar 2020 - 09:47
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#12
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Member Group: Life Member Posts: 1,668 Joined: 9 Nov 2008 From: Doldrums Member No.: 23,903 |
Well I am back in the country and so is the landlord.
The letter has now gone to the top of the brewery food chain, to the CEO no less. Probably a ridiculous question, but how is this likely to play out. -------------------- STAND UP FOR YOURSELF OR YOU WILL FALL FOR ANYTHING
Ultracrepadarion - A person who offers an opinion on a subject they know nothing about. |
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Fri, 6 Mar 2020 - 09:55
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#13
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
Well I am back in the country and so is the landlord. The letter has now gone to the top of the brewery food chain, to the CEO no less. Probably a ridiculous question, but how is this likely to play out. If the CEO sees it they will get their PA to empty the bin -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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