Advice needed please - Interview with police on Tuesday

tizhimi

oh my god I'be just read through this whole thread - go get em girl. £500 suggests that they KNOW they are guilty!

You can win this!

bitsandpieces

It's a good sign that they made an offer. I wouldn't take this as an admission of guilt, though - companies will sometimes make an offer because, for example, the time and legal fees taken up by tribunal mean that an offer is cheaper.

Uncertain

bitsandpieces wrote: »

It's a good sign that they made an offer. I wouldn't take this as an admission of guilt, though - companies will sometimes make an offer because, for example, the time and legal fees taken up by tribunal mean that an offer is cheaper.

This is quite right. Any out of court settlement or compromise agreement will be made without any admission of liability.

You need to obtain an honest assessment of both your chances of winning if this were to go to a tribunal and, assuming you do win, what amount you are likely to be awarded.

Sadly the police situation does not help either way. Even assuming the police drop the matter the employer will argue that the fact they even looked at it in detail over many months means their behaviour was reasonable.

OK, if they have offered £500 so quickly then they will obviously be willing to pay a bit more to get it settled.

I know you want to "see justice done" but this simply doesn't happen through the civil courts or tribunals. It is OK for people on here to urge you on but they are not having to live this on a hourly basis. I would look to negotiate a reasonable settlement and move on.

onlyforboards_2

Uncertain wrote: »

I would look to negotiate a reasonable settlement and move on.

I agree but I would concentrate on your reference, what will exist on paper in the company's files and how they are willing to explain you leaving their company rather than financial compensation.


You need to be sure this does not damage your future employment. You need a statement from your employer that makes it clear that the police investigation did not show you to be unemployable in carework.

Be very careful about what is on your files. You may find you still need a reference from this company years down the line, when there may have been staff changes. If you do not have a watertight compromise agreement they may refer to your files for reference rather than what was agreed.

Good luck!

tizhimi

Uncertain wrote: »

It is OK for people on here to urge you on but they are not having to live this on a hourly basis. I would look to negotiate a reasonable settlement and move on.

I think sometimes its the principle of the matter and after what the OP has been been through I think the OP will fight this to the end - if only to get closure on the whole matter rather than "walking" away. I'm concerned that if the OP doesn't fight this, she might regret it. Your right completely - its not our lives at all however "let right be done" and all that. I think negotiating a reasonable settlement would be justification in the OP's mind that she has won - I know there would be no admission of guilt on the part of the employer (obviously) however the fact that they have opened a whole tin of worms with offering a pathetic £500 is hiloarious (in a none funny way but it is funny if you know what I mean)

Now it is up to the OP to decide - try and get as much money as she sees fit for what the company has put her through .... or.... risk going to court and getting a grand total of diddly squat (pending the out come of the police investigation.)

I'm not sure how much of a sway the investigation will have on the case however you certainly have grounds with the hours offered etc and your childcare arrangements etc...

Tiz

Pagg

Go get em girl. It's about time someone stood up to unscrupulous people like your (ex) employers.

tizhimi

PS, don't think you'll get a reference out of them

onlyforboards_2

tizhimi wrote: »

PS, don't think you'll get a reference out of them

If the OP and company agree to a compromise agreement that is exactly what they will get.

No one is advising the OP to walk away as you put it but there are many thing to consider besides pay outs or "fighting".

tizhimi

onlyforboards wrote: »

If the OP and company agree to a compromise agreement that is exactly what they will get.

No one is advising the OP to walk away as you put it but there are many thing to consider besides pay outs or "fighting".

What other variables are there? (Just wondering 'cos I can't think of anything else) I just thought she most likely wouldn't get a reference after what had happened (I know you can't give a bad reference but you can refuse to give a reference or something along those lines) Do you think as part of the negotiation package she could wrangle a reference? I didn't think there was a cat in hells chance but I've not been in this situation and to be honest don't know anyone who has.:beer: here's to trying!

onlyforboards_2

tizhimi wrote: »

Do you think as part of the negotiation package she could wrangle a reference? I didn't think there was a cat in hells chance but I've not been in this situation and to be honest don't know anyone who has.:beer: here's to trying!

That is exactly what happens a reference and an agreement with regards to how and why the person left the company is worked out.

You can make reference to negative things if what you refer to is backed up in company paperwork, or police paperwork. Which is why it is important to check what is left in company records.


The most important factor is to be able to continue on with your career without having to discuss the problem in this company. Care employees need to be able to provide a continuous employment history. There is no way you can leave an employer out of your history or not mention a recent employer in a list of references. Payouts get spent quickly, people always need to return to work.