Defamation In The Workplace: A Risk Every Employer Should Know About

When businesses think about defamation, the instinct is to think of newspaper headlines or social media controversies involving public figures. In practice, some of the most damaging and costly claims arise far closer to home - inside the workplace itself. From a carelessly worded reference letter to an ill-judged message sent over Microsoft Teams or WhatsApp, Irish employers face a real and frequently underestimated exposure in this area. It is worth understanding where that exposure arises and what can be done about it.

Where Claims Tend to Arise

References are perhaps the most obvious flashpoint. Where an employer provides a reference that is inaccurate, exaggerated or motivated by personal animosity rather than honest assessment, the former employee may have grounds for a defamation claim. Irish law treats the giving of a reference as a privileged occasion, but that protection has its limits, as discussed below.