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Pub landloord written false allegations, Gone from slander to liable
Mayhem007
post Tue, 4 Feb 2020 - 10:10
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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


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post Tue, 4 Feb 2020 - 10:10
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southpaw82
post Tue, 4 Feb 2020 - 11:12
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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.


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Mayhem007
post Tue, 4 Feb 2020 - 11:39
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QUOTE (southpaw82 @ Tue, 4 Feb 2020 - 12:12) *
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


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The Rookie
post Tue, 4 Feb 2020 - 12:44
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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.


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Fredd
post Tue, 4 Feb 2020 - 12:53
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This sounds like a pretty trivial thing to want to put yourself through the potential cost, and definite stress, of a defamation claim, TBH.


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Mayhem007
post Tue, 4 Feb 2020 - 13:11
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QUOTE (The Rookie @ Tue, 4 Feb 2020 - 13:44) *
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.


QUOTE (Fredd @ Tue, 4 Feb 2020 - 13:53) *
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


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mickR
post Tue, 4 Feb 2020 - 16:29
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I think it was the butler with his candle stick !
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Ocelot
post Tue, 4 Feb 2020 - 18:04
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QUOTE (Fredd @ Tue, 4 Feb 2020 - 12:53) *
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.
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cp8759
post Tue, 4 Feb 2020 - 19:27
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QUOTE (Ocelot @ Tue, 4 Feb 2020 - 18:04) *
QUOTE (Fredd @ Tue, 4 Feb 2020 - 12:53) *
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.

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The Rookie
post Wed, 5 Feb 2020 - 04:05
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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?


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Mayhem007
post Wed, 5 Feb 2020 - 11:45
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QUOTE (The Rookie @ Wed, 5 Feb 2020 - 05:05) *
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


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Mayhem007
post Fri, 6 Mar 2020 - 09:47
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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.


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PASTMYBEST
post Fri, 6 Mar 2020 - 09:55
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QUOTE (Mayhem007 @ Fri, 6 Mar 2020 - 09:47) *
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


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