Advice needed please - Interview with police on Tuesday

Uncertain

sexyeyes83 wrote: »

Ive done absolutely nothing wrong, and will fight to clear my name.

Very sadly you are not going to do this through an employment tribunal or the civil courts.

In the unlikely event the police charge you (and of course assuming you are found not guilty) you could argue that you have "cleared your name".

However, an employer MAY be justified in dismissing you on a "reasonable suspicion". It seems that your employer is trying to hedge their bets by saying, in effect, "we think we have good grounds to sack you but out of the goodness of our hearts will will let you stay in a lower paid job". I agree this stinks. Is is a sort of informal verison of the Scottish "Not Proven"!

It leaves you with two unwelcome choices. Put up with it and keep some sort of job or resign and try to claim constructive dismissal. These are very hard cases to win (although I have to say my layman's opinion is you have a reasonable chance).

However, let us assume you do this and win at an ET. Their function is not to punish the employer but to put you back in the position you whould have been in had this not happened. You have a duty to mitigate your losses (i.e. do you best to find another job). At best they will award you the amount you are out of pocket. You won't get your legal fees so, unless you get free representation, you will probably have to present your own case. You will devote hundreds of hours to this and find it hard to think about anything else. Even assuming you win you still won't be happy with the outcome.

I sympathise, really I do, but very sadly this is how the system works.

Think long and hard what is best for you.........

sexyeyes83

Uncertain wrote: »

Very sadly you are not going to do this through an employment tribunal or the civil courts.

In the unlikely event the police charge you (and of course assuming you are found not guilty) you could argue that you have "cleared your name".

However, an employer MAY be justified in dismissing you on a "reasonable suspicion". It seems that your employer is trying to hedge their bets by saying, in effect, "we think we have good grounds to sack you but out of the goodness of our hearts will will let you stay in a lower paid job". I agree this stinks. Is is a sort of informal verison of the Scottish "Not Proven"!

It leaves you with two unwelcome choices. Put up with it and keep some sort of job or resign and try to claim constructive dismissal. These are very hard cases to win (although I have to say my layman's opinion is you have a reasonable chance).

However, let us assume you do this and win at an ET. Their function is not to punish the employer but to put you back in the position you whould have been in had this not happened. You have a duty to mitigate your losses (i.e. do you best to find another job). At best they will award you the amount you are out of pocket. You won't get your legal fees so, unless you get free representation, you will probably have to present your own case. You will devote hundreds of hours to this and find it hard to think about anything else. Even assuming you win you still won't be happy with the outcome.

I sympathise, really I do, but very sadly this is how the system works.

Think long and hard what is best for you.........

Hi,

Many thanks for your reply.

I couldnt really think of the correct expression to use, I know that employers user civil law and police us criminal. The only other expression was "teach him a lesson", however I also know that ET dont punish - I still cant think of the right expression, but I know that seeing this though to the end, win or lose at ET is what I want to do. I hope that makes sense and hasnt come across the wrong way.

Right now isnt really the best time to be job hunting. Ive been checking the papers/job websites everyday - but as I can only work school hours im at a disadvantage straight away. The majority of work ive seen is either shift work or full time. Ive found a few ive applied for, but nothing has come of it as yet.

sexyeyes83

patman99 wrote: »

As far as I know, if you were reinstated less than 12 weeks after your initial dismissal, it counts as continuation of employment & they have to pay you the same salary you were originally on.

I was dismissed on 15th June, so im out of the 12 weeks now.

unluckyone

sexyeyes83 wrote: »

I was dismissed on 15th June, so im out of the 12 weeks now.

i have had two horrible, horrible employment experiences with two seperate businesses, both within the care industry, and both family owned.
care staff are right out there on a limb, on their own.
i'm surpsised employers still manage to recruit because people are wiser now, they just don't want to put themselves in such a vulnerable position.
at the end of the day, no matter how nice or honest the care worker is, as soon as their credibility is brought into question everyone wants to believe they are guilty.
your employer cannot be judge and jury and that is what they have done.
employers can be ruthless, they would see you ruined before themselves.
they just want to get on making money, they probably see you as a problem just getting in the way!
you will never, ever feel better about this my darling, trust me, it will eat you up and it will take you along time to trust again.
i would say, if your circumstances permit, just leave the job search for a bit, give yourself time. plus, a large majority of jobs now ask for CRB's, and you will have to declare that you are currently on bail for the offence of theft.
it concerns me about the police taking such a long time to reach any sort of resolution... either they have a case or they don't!
unfortunately, the police have power over you at the moment and they will only go as fast as they want to.
when are you bailed to now?
so, just to get clear, have you officially been dismissed from your work?
what is happening with the employment tribunal.

unluckyone

I was working as a live in care worker, I was posted to an assignment down south caring for a gentleman on a 24/7 basis.
I had worked for the company for almost four years, I had an excellent history and worked many, many assignments, mostly recalls back to customers (or clients as they were then called).
The gentleman, who was physically disabled, had actually had a sexual relationship with one of his previous care workers (they worked for a different company to myself).
His family were aware of this, he had taken loans out for this worker, he used to pay for her (and her husbands) weekly shop, he paid for holidays for her, and the list goes on.
Due to getting into so much debt, he had decided to go bankrupt, so at the time he was going through that process.
He was also committing benefit fraud.
he also had thousnads saved, which his nephew kept for him.
We did get on, really, really great. His family were brilliant, they were over the moon at how his life had became better since I had arrived, his health was improving.
It is common for assignments to last three months or less, and then we are changed over.
He always said he didn't want me to go, he said he would rather die than have a black care worker come in or a male care worker.
But, he was too familiar with me, it was becoming unhealthy.
With the support pf the agency i decided to leave.
No hard feelings.
Until nearly three months later, when the police turned up at my mum's door. I wasn't in but called as soon as i did get in, the PC said he couldn't talk about it over the phone with me but it was regarding some previous employment. wW made an appointment for the next day.
I had no idea, no idea at all what was coming.
The next day i arrived at the police station (the first time ever in my life that I had been inside a police station).
It was horrible, absolutely horrible. They tret me like a criminal from the minute I walked into the station.
I was arrested for Theft, I was put into a cell. I was so scared. And in absolute shock.
It went through the stages of interview under caution, finger prints, dna etc.
Eventually, after a very, very long ordeal I was released on bail.
As the offence was alleged to have happened in another area, the investigation had to go the local police in that area.
Which for me, meant a six hour journey.
In the time of been bailed, I found the best solicitor I could, all along thinking, there is no sense in this, the police will see that, they are just responding to an allegation.
I made the first six hour journey, where I was supposed to be interviewed again.
However, upon my arrival at the station I was charged and bailed again.
I had massive, lenghtly conversations with a solicitor and when it came to attending the magistrates court, I had the choice to have my case heard there or at the Crown Court, my solicitor recommended Crown Court, so we could appeal to a jury and hopefully get the truth across.
It was a long, long wait to get my hearing date, nearly a whole year.
I had that hanging over my head for a whole year.
My life was on hold.
I could have went to prison.
When the hearing came round, it was to last three days.
So, we all turned up, the customer (alleged victim) and me.
The case was heard by the jury.
My barrister was fantastic, on the ball, knowledgable, and strong.
When the judge sent the jury out I was sent to get some air.
Before I even got out of the building the court clerk came and called me back, said the jury was back in.
I was trembeling, I couldn't control my shaking, I was so, so scared.
I knew I was inocent, of course I knew that but the system had failed me all along so I had no confidence that the right thing would be done.
I stood there, with a guard wither side of me.
The judge asked the jury had they reached a decision, to which they replied yes.
And there it was...

Not Guilty!

I fell to my knees.
I had faced this head on, it had ruined my life, I had wanted to kill myself throughout that year.
And that's my story.

How one, manipulative old man, wanting attention can ruin the life and mind of a person who had dedicated her life to helping people.
There is no such thing as inocent until proven guilty, not when it comes to care workers been blamed.
People just say no smoke without fire.
It has ruined me. Even though it was threw out, I don't have a criminal record but it comes back as "additional information" on my CRB.

blue_monkey_2

Thanks for sharing your story unluckyone. I do not even know what to say, I am just speechless (and that is saying something). I found another story just like yours on the internet while I was trawling for the OP. It makes me wonder how many people it has happened to and also, no woner there is a shortage of care workers these days!!

unluckyone

blue_monkey wrote: »

Thanks for sharing your story unluckyone. I do not even know what to say, I am just speechless (and that is saying something). I found another story just like yours on the internet while I was trawling for the OP. It makes me wonder how many people it has happened to and also, no woner there is a shortage of care workers these days!!

Hi blue_monkey,

It's awful. It ruins lives and careers.
I had a promosing carrer ahead of me, with a dream of becoming a social worker. That will never happen now.
They stole that from me and from all of the people I could have helped.
I've never found the right career for me since then.
Although, I am seriously considering returning to study a degree in Human Resources, specialising in employment law so atleast I could help people to have fairness.
It was the worst time of my life.
Would you please direct me to the other post you have read, I would be interested to read it.
And thanks for your kind words xxx

sexyeyes83

unluckyone, Many thanks for posting your story. Its amazing how you can go from a normal working job to zero so quickly. I can only imagine the immense relief you must have felt to have been found not guilty.

Heres a similar news article I found ages ago dated 2006
http://archive.thisiswiltshire.co.uk/2006/6/19/269317.html

when are you bailed to now?
so, just to get clear, have you officially been dismissed from your work?
what is happening with the employment tribunal.

Currently bailed until the 9th October.
I was oficially dismissed from work on the 15th June and given 4 weeks pay in lieu of notice.
I submitted my ET claim at the start of September as the 3 month time limit was running out. Ive had a letter back saying its been accepted and they have contacted the employer.

When I was at the meeting on Tursday he said he need a decision regarding whether I want to accept going back or not pretty quickly as he has to return his form to the ET.

ohreally

sexyeyes83 wrote: »

I submitted my ET claim at the start of September as the 3 month time limit was running out. Ive had a letter back saying its been accepted and they have contacted the employer.

When I was at the meeting on Tursday he said he need a decision regarding whether I want to accept going back or not pretty quickly as he has to return his form to the ET.

What outcome do you want - reinstatement, re-employment or some sort of compensation?

The time is now here when you should seek competent advice ahead of further communication with your ex employer.

sexyeyes83

ohreally wrote: »

What outcome do you want - reinstatement, re-employment or some sort of compensation?

The time is now here when you should seek competent advice ahead of further communication with your ex employer.

Hi,
Ideally compensation and a reference.

I agree with you regarding seeking competent advice. Im going to call the coop tomorrow and see if they would be willing to take this on.