Can an Ex-Employee make a complaint?

Dark Knight 81

Hi all,

Cant see any threads here in relation to this. and Im not sure if what I'm requesting is legal advice.

I had my contract terminated in my job less than 3 months ago. I have reason to submit a complaint against my Line Manager from this job. Can this still be done?

Thanks.

Smee_Again

Who do you want to complain to?

Dark Knight 81

Smee_Again wrote: »

Who do you want to complain to?

I want to make a complaint to their Manager and to HR.

Samuel T. Cogley

You can no longer raise a grievance (AFAIK) but you can always write into HR if you want.

Dark Knight 81

Samuel T. Cogley wrote: »

You can no longer raise a grievance (AFAIK) but you can always write into HR if you want.

Ok thanks

munsterman2008

You can still raise a complaint, and a prudent employer would still investigate it via their own procedures - depending on your service, then they should be still mindful that you could lodge employment rights complaints, or a personal injury claim. So even in acting in their own interests, they *should* investigate and treat the matter seriously (regardless of your former employee status).
A good employer will want to investigate regardless of mitigating risk, so as to understand issues in their business (for example, the reason for people such as yourself leaving).

Dunfyy

You could use employer

coylemj

Dark Knight 81 wrote: »

I want to make a complaint to their Manager and to HR.

As you have since left the company, you would have very little defence in a case of defamation. Your complaint would be portrayed (by the person you're complaining about) as a act of vindictivness.

If you were still an employee, you could potentially rely on the defence that you were motivated to see that the behaviour you're complaiing about was not repeated. But that defence won't be open to you if you're no longer in the company.

Which begs the question.... other than pure revenge, what is your motivation for submiting this complaint? Because if you get sued for defamation, you will definitely be asked that question by his counsel. It will not be a valid response to state that you're concerned about the welfare of the colleagues you left behind, you have no duty of care to them and how they are treated in the workplace is none of your business.

munsterman2008

coylemj wrote: »

As you have since left the company, you would have very little defence in a case of defamation. Your complaint would be portrayed (by the person you're complaining about) as a act of vindictivness.

If you were still an employee, you could potentially rely on the defence that you were motivated to see that the behaviour you're complaiing about was not repeated. But that defence won't be open to you if you're no longer in the company.

Which begs the question.... other than pure revenge, what is your motivation for submiting this complaint? Because if you get sued for defamation, you will definitely be asked that question by his counsel. It will not be a valid response to state that you're concerned about the welfare of the colleagues you left behind, you have no duty of care to them and how they are treated in the workplace is none of your business.

You are needlessly complicating it. The OP should submit their complaint if they feel strongly about it.

It is rare for a case of defamation to arise out of employment related matters. If one is lodged, then there are express defences that could be relied upon (having received legal advice) under the 2009 Act - truth, qualified privilege, honest opinion jump out here.

coylemj

munsterman2008 wrote: »

It is rare for a case of defamation to arise out of employment related matters. If one is lodged, then there are express defences that could be relied upon (having received legal advice) under the 2009 Act - truth, qualified privilege, honest opinion jump out here.

The reason they are rare is that most people know better than to write a poison pen letter to a former employer.

But let's assume that this ends up in a case for defamation.......

This will be one person's word against another so there will be no 'truth' in the equation.

Qualified privilege? Please elaborate how the OP can claim this defence.

The defence of honest opinion can only be used if it relates to a matter of public interest. Which clearly does not apply here.

munsterman2008

No lets not assume that it ends up in a case of defamation, I don't know your obsession with it is. OP wants to know can he still submit a complaint to his former employer about his treatment by a line manager - answer yes. Not looking to forge a strategy against a defamation suit that may or may not occur.

Good luck to OP hope it brings him/her the comfort and closure they seek.

Samuel T. Cogley

Would have thought QP would apply also. One could claim a social or moral duty to report bullying for example.

munsterman2008

Samuel T. Cogley wrote: »

Would have thought QP would apply also. One could claim a social or moral duty to report bullying for example.

Agree. Employer has legal duty to provide a safe place of work - I would have said it is reasonable to report any risks to the employer so as to ensure they comply with 2005 Act. Bullying goes against health and safety in any workplace of course.

coylemj

Samuel T. Cogley wrote: »

Would have thought QP would apply also. One could claim a social or moral duty to report bullying for example.

It's called qualified privilege for a reason.

Samuel T. Cogley

coylemj wrote: »

It's called qualified privilege for a reason.

Yes limited to a legal, social or moral duty. Are you going to engage any further than creative formatting?

coylemj

Samuel T. Cogley wrote: »

Yes limited to a legal, social or moral duty.

What 'duty' can the OP claim to have? He doesn't work there any more so what goes on there is none of his business.

Samuel T. Cogley

coylemj wrote: »

What 'duty' can the OP claim to have? He doesn't work there any more so what goes on there is none of his business.

One example was given above.

munsterman2008

coylemj wrote: »

What 'duty' can the OP claim to have? He doesn't work there any more so what goes on there is none of his business.

The 'duty' in the Act refers to that of the recipient of the information, therefore in this example the former employer (and no duty required of the OP as you have stated). One example provided already. Second example, protected disclosures ac 2014.

coylemj

You have no social or moral duty to report bullying where it does not directly affect you or one of your family.

What you're attempting to do is to redefine the concept of qualified privilege to effectively make it a busybody's charter. Which would allow anyone to make any kind of allegation against another and be able to fall back on the defence that 'it was my duty to report it'.

munsterman2008

coylemj wrote: »

You have no social or moral duty to report bullying where it does not directly affect you or one of your family.

What you're attempting to do is to redefine the concept of qualified privilege to effectively make it a busybody's charter. Which would allow anyone to make any kind of allegation against another and be able to fall back on the defence that 'it was my duty to report it'.

s. 18 2009 Act:
(2) Without prejudice to the generality of subsection (1), it shall, subject to section 19 , be a defence to a defamation action for the defendant to prove that—

(a) the statement was published to a person (emphasis added) or persons who—

(i) had a duty to receive, or interest in receiving, the information contained in the statement, or

(ii) the defendant believed upon reasonable grounds that the said person or persons had such a duty or interest, and

(b) the defendant had a corresponding duty to communicate, or interest in communicating, the information to such person or persons.

**
It seems to me the defence relates to the duty being owed by the recipient of the information. Not the person who informs them as you are saying.

Lenar3556

I think it’s fair to say that in these circumstances the former employee should carefully consider their motives and the outcome they are pursuing in making such a complaint.

He may invite greater trouble than defamation proceedings.

Of course the wisdom or otherwise of such a course depends greatly on the specific facts giving rise to his concern in the first instance.

coylemj

munsterman2008 wrote: »

It seems to me the defence relates to the duty being owed by the recipient of the information. Not the person who informs them as you are saying.

I never claimed the OP had a duty (or a defence involving a hypothetical duty) to do anything.

The issue of 'duty' came up when poster Samuel T Cogley claimed it as the basis for a defence of qualified privilege .....

Samuel T. Cogley wrote: »

Would have thought QP would apply also. One could claim a social or moral duty to report bullying for example.

And he was clearly referring to 'duty' on the part of the person making the communication, not the person receiving it.

munsterman2008

coylemj wrote: »

I never claimed the OP had a duty (or a defence involving a hypothetical duty) to do anything.

The issue of 'duty' came up when poster Samuel T Cogley claimed it as the basis for a defence of qualified privilege .....



And he was clearly referring to 'duty' on the part of the person making the communication, not the person receiving it.

Yes but your argument was still based on that. Legislation is clear - QP can be relied upon (in an attempt anyway). Have a good day.

Dark Knight 81

Thanks for all the replies.

I had submitted a complaint before the termination of my contract. This was ignored so I re submitted it after my contract termination. It will be confusing to try and explain it all because there are so many layers but thanks again for the help.