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Overwritten Update on the allegation

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therealgeezy
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Joined: 28 Nov 2024, 09:12
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Overwritten Update on the allegation

Post by therealgeezy »

I have overwritten the orignal post as The content touches on several sensitive areas of UK law, specifically defamation, privacy, and employment confidentiality.

Here is a breakdown of the primary concerns:

1. Defamation and Libel
In the UK, a statement is defamatory if it causes, or is likely to cause, "serious harm" to a person's reputation.

Allegations of Criminality: The post explicitly suggests a manager "siphoned" a company asset (the van) for private business. Even if phrased as an "allegation," repeating it can make the publisher liable if the claims cannot be proven true in court.

The "Innocent" Proviso: Simply stating "he may be totally innocent" does not provide a legal shield if the rest of the post implies guilt or corruption.

Identification: Even if the manager isn't named, if he is "identifiable" to a reasonable person (e.g., colleagues or local residents), the risk of a libel claim remains high.

2. Breach of Confidence and Privacy
The post discusses internal disciplinary matters, including a five-month suspension and an investigation.

Confidentiality: Most employment contracts and UK HR practices treat disciplinary proceedings as strictly confidential. Disclosing these details publicly could be viewed as a breach of the manager's right to privacy under the Human Rights Act 1998 and the UK GDPR.

Data Protection: Sharing specific dates of company directorships alongside allegations of misconduct could be seen as an unlawful processing of personal data.

3. Potential for Contempt or Prejudice
The mention of Dave Ward and Martin Walsh appearing before a Select Committee suggests this is part of a larger, politically charged labor dispute. If there are ongoing legal proceedings or formal tribunal cases related to this specific manager, publishing these details could potentially interfere with those processes.

4. Comparison to Other Staff
The post mentions a specific postman being sacked for a similar offense. This involves the private employment history of a second individual. This person also has a right to privacy, and involving their history without consent increases your liability.