Nath Solicitors is a boutique law firm based in London, specialising in defamation law, libel cases, and workplace reputation management. With over 30 years of experience, the firm provides expert legal advice and representation to individuals and businesses navigating complex defamation claims. Whether you are an employee seeking to protect your reputation or an employer defending against defamation allegations, Nath Solicitors offers tailored solutions to safeguard your interests. Known for their meticulous approach and client-focused service, the team ensures every case is handled with precision and care.
Can I Sue for Defamation at Work?
Defamation in the workplace is a challenging legal issue that often pits an employee’s right to protect their reputation against an employer’s need to address workplace concerns. Defamatory statements in professional settings can arise during grievance investigations, performance reviews, or internal communications. The recent case of Camacho v OCS Group UK Ltd [2024] EWHC 1164 (KB) has clarified the circumstances under which employees can pursue defamation claims, offering valuable lessons for both employees and employers.
Understanding Workplace Defamation
Defamation occurs when someone makes a false statement about you that damages your reputation. In workplace contexts, defamatory comments can take many forms—such as allegations of misconduct or incompetence—and may be communicated during formal procedures like disciplinary hearings or grievance investigations. To establish a defamation claim, employees must prove the following:
- Publication: The defamatory statement must have been communicated to at least one third party.
- Falsity: The statement must be demonstrably false.
- Defamatory Nature: The statement must harm the employee’s reputation in the eyes of reasonable members of society.
- Serious Harm Threshold: Under Section 1 of the Defamation Act 2013, claimants must demonstrate serious harm to their reputation. For businesses, this includes proving serious financial loss.
Employers often rely on defences such as truth, qualified privilege, or consent to counter defamation claims. However, as seen in Camacho v OCS Group UK Ltd, these defences are not absolute and require careful scrutiny.
Lessons from Camacho v OCS Group UK Ltd
The Camacho case involved allegations that defamatory statements were made about an employee during a grievance investigation. Colleagues described her as abusive and a poor manager—statements that the employer argued were protected by the defence of consent. The employer claimed that by participating in grievance procedures, the employee had implicitly consented to the publication of potentially defamatory statements.
At first instance, the court accepted this defence and dismissed the claim. However, on appeal, Mr Justice Linden overturned this decision, emphasizing key principles:
- Explicit Consent Is Required: Consent must be specific and fully informed; it cannot be implied merely by participation in workplace procedures.
- Non-Contractual Policies Undermine Defences: The court found that vague or non-contractual grievance policies weakened the employer’s argument.
This judgment reaffirms that grievance procedures cannot serve as blanket protection for defamatory statements. Courts will closely scrutinize whether workplace policies explicitly address such issues and whether employees genuinely consented to defamatory remarks being made.
When Can You Sue for Workplace Defamation?
The Camacho decision provides clarity on when employees can pursue defamation claims against employers or colleagues:
- Consent Must Be Explicit: Participation in workplace procedures does not automatically imply consent to defamatory statements. If employment contracts or policies do not explicitly address this issue, you may have grounds to sue.
- Statements Must Exceed Procedural Boundaries: Defamatory comments that are gratuitous, irrelevant, or malicious—beyond what is necessary for grievance or disciplinary processes—may fall outside the scope of qualified privilege or consent defences.
- Qualified Privilege Is Not Absolute: Employers often argue that internal communications are protected by qualified privilege; however, this defence can fail if malice is involved or if statements were made recklessly without due care for accuracy.
- Clear Contracts Matter: Employment contracts and workplace policies should clearly define their scope regarding grievance procedures and potential reputational risks.
Practical Steps for Employees and Employers
For Employees:
- Review your employment contract and workplace policies carefully to understand your rights.
- Document incidents thoroughly, including dates, context, and impact on your reputation.
- Seek legal advice promptly if you believe defamatory statements have been made about you.
For Employers:
- Draft clear grievance and disciplinary policies that explicitly address potential reputational risks.
- Ensure employees are fully informed about the implications of these policies.
- Avoid gratuitous or malicious comments during internal investigations to reduce litigation risks.
Comment
Yes, you can sue for defamation at work—but doing so requires careful consideration of context, consent, and workplace policies. The Camacho v OCS Group UK Ltd case highlights that courts will closely examine whether defamatory statements exceeded procedural boundaries or were made with explicit consent. For employees, this ruling strengthens protections against reputational harm in professional settings; for employers, it underscores the importance of clear policies and responsible communication practices.
How Nath Solicitors Can Help
At Nath Solicitors, we specialise in defamation law with extensive experience handling workplace-related cases involving libel (written defamation) or slander (spoken defamation). Whether you are an employee seeking justice for reputational harm or an employer defending against a claim, our team provides expert guidance tailored to your unique circumstances.
Our Services Include:
- Advising employees on pursuing defamation claims related to workplace grievances or disciplinary actions.
- Representing employers in defending against allegations of defamatory comments within internal procedures.
- Drafting clear grievance and disciplinary policies to mitigate litigation risks.
- Challenging defences such as qualified privilege or implied consent.
- Providing strategic guidance on pre-action protocols and settlement negotiations.
Contact Nath Solicitors
If you believe you have been defamed at work—or need expert advice on managing workplace defamation claims—contact Nath Solicitors today at 0203 983 8278 or reach out online for professional assistance tailored to your needs. Safeguard your reputation with our trusted expertise in defamation law.
References:
Using Lexis Plus: • Clarification on the defence of consent to defamation within workplace procedures (Camacho vs OCS Group UK Ltd o Published 13 June 2024 • Camacho v OCS Group UK Ltd [2024] EWHC 1164 (KB)
