Q&As

Does an employee who is being sued for defamation in relation to a comment made in the workplace have the right to an indemnity from his employer, eg as an implied contractual term?

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Published by a LexisNexis Employment expert
Published on: 26 April 2019
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The employee’s adviser may wish to consider:

  1. •

    whether the employer might be jointly responsible for the alleged defamation

  2. •

    whether the employer might be vicariously liable for the alleged defamation

  3. •

    whether there is an implied right of indemnity

  4. •

    whether the alleged defamatory statement was libel (a defamatory statement published in written form) or slander (a defamatory statement in spoken or other temporary form)

Joint responsibility for alleged defamation

A defendant in a defamation action may wish to seek a contribution from another person who is jointly responsible for the publication of the statement complained of. Where the third party is found liable, the court will require them to pay a 'just and equitable' contribution, having regard to the extent of their responsibility for the damage in question.

The procedure for responding to, and the management of, a claim for contribution or indemnity is set

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Defamation definition
What does Defamation mean?

A portmanteau term covering both libel and slander.

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