Cases

Henderson v The London Borough of Hackney & The Learning Trust

Facts

The Claimant (H), brought a libel claim against D1 and D2 in respect of a referral letter notifying a third party authority of C's dismissal from her employment. C had been employed as an Inclusion Manager at a School and had been dismissed for gross misconduct following a finding by the school's internal disciplinary panel that she had accessed and viewed emails with explicit pornographic content during school hours, and on one occasion used the school's computer system to forward a pornographic email attachment to a colleague. In a letter referring the matter to the relevant authority, as required by statute, an employee of D2 had written that C had been "dismissed... for gross misconduct in employment involving sexual harassment through the possession and display of explicit pornographic works at school" . C did not deny the conduct involving the emails but brought the action based on the allegation of sexual harassment. C's case against D1 was discontinued. D2 relied on justification and qualified privilege. After service of a Reply alleging malice, C issued an application for rulings on meaning and consequential orders for strike out /summary judgment on the justification defence. D2 applied for a ruling on qualified privilege (conceded by C at the hearing), and summary judgment on the issue of malice.

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