Published: 11th March 2024
Area: Litigation & Dispute Resolution

Unsubstantiated claims against potential job candidates can spread rapidly, especially with the amplifying effect of social media. When considering candidates especially for positions of trust, such as those in sensitive roles eg in schools, or social care settings, or where an individual will have control of large sums of money, or have a public facing role that dictates the employer’s public reputation, decision-makers may face challenges in discerning the truth amidst unverified rumours or anonymous accusations.

It’s hugely important for decision-makers in various professional settings to approach any potential claims seriously, given the potential impact on the integrity and safety of the environment in which they operate. Past cases have highlighted the risks of overlooking critical information during the hiring process, emphasising the importance of thorough consideration of all relevant factors.

To address unsubstantiated claims effectively, setting clear eligibility criteria and parameters from the outset can provide guidance. Additionally, requesting detailed references from former employers can offer insights into a candidate’s professional history and behaviour.

Specific questioning techniques can also aid in assessing the validity of claims, especially in situations where formal references may not be available. Seeking professional guidance or support, such as legal advice, can be beneficial when addressing complex or delicate scenarios beyond the expertise of organisation leaders or decision-makers.

Careful examination of available information, including verifying the thoroughness of investigations and ensuring fairness in the process, is essential. Decision-makers must also be prepared to address any concerns or questions that may arise from staff or stakeholders during or after the hiring process.

Having a strategy in place to handle potential issues or questions regarding hired candidates is important for both individual and organisational protection. By fully understanding and addressing concerns or claims, decision-makers can minimise risks and create a safe and supportive environment for all involved.

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Daniel is a highly regarded experienced specialist commercial litigator and defamation expert

Daniel has acted in various claims dealing with specialist defamation and privacy matters such as Al-Ko Kober Ltd & Anor v Sambhi [2017] EWHC 2474 (QB), obtaining creative and unusual solutions for clients.

Daniel also has wide experience in corporate litigation handling claims by or against shareholders and directors, across owner managed businesses, SMEs to plcs, in claims ranging in value from thousands to over £200m. His experience has secured excellent results for clients.

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