Advice needed please - Interview with police on Tuesday

Uncertain

sexyeyes83 wrote: »

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.

Normally, under these circumstances, the only way to be (reasonably) sure of a good reference is to reach a compromise agreement with your employer. An agreed wording normally forms part of such agreements along with a sum of money any your agreement not to take any further action..

Even if you win at an ET I don't think it is normal for them to order your employer to provide a reference. In fact I don't think they have the power.

As has been stated you do need to get some professional advice ASAP.

DVardysShadow

unluckyone wrote: »

.... 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.

Welcome to our nasty police state. I think actually carers should be able to CRB check the people they care for and the complaints they make.

unluckyone

DVardysShadow wrote: »

Welcome to our nasty police state. I think actually carers should be able to CRB check the people they care for and the complaints they make.

yes, i think these days that wouldn't be such a bad idea.
you don't know what you are walking into.

sexyeyes83

What a nightmare of a day. Ive phoned loads of no win no fee employment soliciators, but there not really no win no fee - they take a percentage of the overal award, which I would have been happy with, but they also charge you for the amount of hours it takes to look into things - so thats out of the question.

I have no legal cover on any of my insurances

We cant afford to pay a solicitor at an hourly rate - so at the moment looks like were going to have to go it alone. The only advice we do have is a free 24/7 legal helpline number on on house insurance.

I received an email from the MD today saying:

I have received your email today regarding some clarifications.

You will be reinstated to work in the company under the same contract of 20 hours a week with the same terms and conditions in different role, You will be working in the office under supervision, the period between the date of dismissal and the date of re-engagement will be treated as a period of suspension without pay, except the notice period which was paid following the dismissal. The continuity of employment will be preserved,

The statements regarding your attendances of duty, your holiday entitlement and your wage remain the same as described in the email I sent to you on the 24th September 2009

Regards

unluckyone

sexyeyes83 wrote: »

What a nightmare of a day. Ive phoned loads of no win no fee employment soliciators, but there not really no win no fee - they take a percentage of the overal award, which I would have been happy with, but they also charge you for the amount of hours it takes to look into things - so thats out of the question.

I have no legal cover on any of my insurances

We cant afford to pay a solicitor at an hourly rate - so at the moment looks like were going to have to go it alone. The only advice we do have is a free 24/7 legal helpline number on on house insurance.

I received an email from the MD today saying:

tell him to shove his job and move on. trust me, i've been there, to ET i mean and these situations are so, so hard to win. especially as you are still part of a police investigation.
drop this and just deal with the police.
when that is over, change career paths and enjoy life.
to drop my battle with the employer was the only way i could get any rest in my mind, it takes it out of you battling all of the time.

sexyeyes83

Hi,

Thanks for your reply, however this is something im going to continue with. If it goes to ET and lose then at least I can say I tried.

sexyeyes83

I sent the letter below to work yesterday via email.

Thank you for the letter dated 28th September.

You state that I will be employed under the same contract with the same terms and conditions, but you then advise I will be paid a lower hourly rate to what I was originally receiving.

In your letter you state that I will be working under supervision. During the meeting of 24th September you stated “"you will be under supervision until we feel we are confident enough that there is enough trust between us and you and the rest of the staff" This implies there is a lack of trust and as such would make a working relationship very difficult.

You also state in your letter “the period between the date of dismissal and the date of re-engagement will be treated as a period of suspension without pay” I cannot understand how you came to this decision as my suspension prior to dismissal was paid. You also state that there would be “no break to continuity of service” and by offering me re-instatement, It should put me back into a position as if the dismissal had not taken place.

During the meeting on the 24th September you stated I would be required to work three days a week with the hours consisting of 9-5 for two days and 10-5 for one day. I advised that when I originally attended the interview for the job back in November 2007, I explained that I would only be able to work school hours due to my partner working shift work and I was advised this would not be an issue and since then I have only been given work during school hours. Your reply was "I was flexible enough then, but I cant be now. 9-5 are the only hours I can do”

As you was aware of the above I believe I am being discriminated against due to my childcare commitments and you have made this offer of re-instatement impossible for me to accept.

For those reasons I have no other option but to reject your offer of re-instatement.

Today ive just received a call from ACAS conciliators who state that the offer of employment has now been withdrawn and work are offering me £500 to drop the matter.

Needless to say I was pretty speechless and rejected the offer.

blue_monkey_2

OMG. They have made an offer, that is GREAT NEWS. Because if they have done nothing wrong they would be offering you diddly squat!! The offer to 'drop the matter' is the proof that they HAVE done something wrong and they are trying to pay you off to stop you going to tribunal.

Hang on in there sexyeyes. You know we are all here to have a rant and a moan. I've got a friend going through the same thing (not care) and however bad it gets remember you can come and have a moan here.

Make sure you print off everything as soon as it arrives and file it for using in the future as well as keeping it on your laptop.

It might also be worth going to your MP if the police cannot either get it together to charge you or drop the case. Remember, they are being paid to serve you in matter like this.

So, they have withdrawn their offer, what now? Have they sacked you? Because you have a case there as well. Keep on hanging in there, as you say I would certainly be going to tribunal because it shows that they cannot treat people in this way and an employer who does should be set to task for doing so. Maybe you will then the last person they treat like crap. Get your IT form in ASAP.

sexyeyes83

Thanks for your reply.

When I rejected the amount the conciliator asked if I wanted to give him a figure to put to work, but I wouldnt have a clue so he left it at that.

ET form was submitted at the start of September, so im guessing I need to give them a call and update my case.

cathryn107

Hi Sexyeyes

Sorry to hear that this is still dragging on.

I know that you don't have union representation, but would it be worth contacting a body like Unison which does represent people in the care industry to see if they have a list of recommended employment lawyers who are used to dealing with your sort of case? It's good that your employer is starting to offer concessions, but they have a good legal team on their side as you know, and you are fighting this alone

Also agree with BlueMonkey that it might be worth contacting your MP over the whole sorry saga. Whilst they obviously can't intervene in a legal process, their representations might be able to speed up a decision. They might also be able to advise you on your legal rights.

Good luck and keep fighting.