Dismissed on sick leave due to false allegations

boopopps

Thanks!

Whats happened to i-resign? No posts and wont let me post?!?

Won't they offer you a compromise?

My solicitors have delayed me again for an outcome of whether they will pursue on my behalf. First it was 7th April, 19th, now 23rd. Insurance firm gave me a solicitor in cardiff and I'm in midlands. Am going to call insurance today to let rip!

I so hope I get this job, will be so gutted if not.

What is your hearing for?

dismayed2

Hi boopopps, hope you’ve had a good day.
It seems a bit odd of your insurance company; a solicitor nearer home would make life easier for you. It’s a bit discouraging to keep stalling you.
I’ve been falsely accused of assault. Everyone has closed ranks against me. The evidence pack screams collusion. I have meeting with union rep later this week, but my gut feel is to walk away with a clean reference.

boopopps

Hello,

I called the insurance and they have sided with solicitor. They said usually a decision is reached in 28 days, however in some cases its complicated and requires more investigation. Thing is other than the short emails they have not contacted me about details of the case at all, just had all the letters and policies from me. Getting paranoid now, starting to think they are also working for my employer or something like that, stupid I know but thats just how these things mess with your head.

I had a wonderful solicitor near to home who was giving me free advice, but to take it to tribunal she was quoting 7-10k. She was real helpful, even told me to take an adjournment to the hearing and call her for advice if needed, all free of charge. She even advised me about the insurance claim even though she suspected they would not let me use her. All she was concerned about was that I did not have to foot the bill for the situation I found myself in.

Hmmm hard one, they all closed ranks on me. It was my word against a colleagues until I got to the hearing and miracuolsy a 2nd witness came forward the day previous. However they presented me with the evidence in the middle of hearing with no time to prepare. This is all stringing out tho. Started on 3rd of Feb, dismissed 1st March, appeal 22nd March, everything supplied to solicitor day after and still no decision.

Thing is though, will they offer you a chance to walk with a good reference? If so, they obviously know they are in the wrong. If they are so sure you did it, they would not offer this, they would just discipline you and be rid. Very fishy if they are offering you the chance to go by yourself with a clean ref. I'd check what the union rep says. Hope you get it sorted. Feel for you because it is a horrible situation and so so stressful.

As for I-resign, its still not back up and running is it?

shays_mum

Hi,
Did'nt want to read & run, you mentioned seeing other senior managers dismissed, do you have any contact with any of them?, i know its a long straw, but if they used similar tactics there, your case will be stronger.
Also, have you been to your local citizen advice/free law centre?, maybe they can get things moving for you faster....sorry could not be more constructive, i am on the verge of losing my job, so i can sympathise abit. Goodluck x

boopopps

Hi shays_mum

I do not have contact with them unfortunately. I was friends with quite a few of the guys from work on Facebook (very male dominated industry I worked in, may be another reason for my dismisal tbh, also a number I knew from school and were in my class, another I lived by since the age of 3 until 3 years ago) who I think keep in touch with them. I chatted with them regularly on FB but I was threatened not to contact or speak to anyone during my investigations and disciplinary so I had to delete these folks. I am no longer friends with them and hide myself from them as I fear any contact could jeopardise things if I do go to tribunal. People talk and they may ask me what has happened, or mention to someone in passing that they have spoke to me making it complicated. TBH if they were found talking to me I would not put it past the employer to target them next and I wouldn't want that for them. I am not sure whether these other indivduals are not pursuing tribunals themselves also, a lot of people do pursue them there as finance have to authorise payouts

Another friend as advised law centres, it is a possibility. TBH the citizens advice would struggle with the case I think, very complicated lots of details. I have known the citizens advise to give some real duff info regards employment. Dont get me wrong its a great service considering its free, however on certain more complicated issues they can struggle.

All I want to do is clear my name and get a reference. People would emply me today if they had this. They said they would complete reference requests, hoever are not. The more they hold back and disrupt the process of me finding alternative employment, the more compensation they will have to find if I win. Madness.

lynzpower

She even advised me about the insurance claim even though she suspected they would not let me use her. All she was concerned about was that I did not have to foot the bill for the situation I found myself in.

This is hugely important.

If she feels you have a good case that she is wiling to take on you must take note of this:

If you have union membership or have legal expenses insurance you have the right to appoint your own solicitors. Please click here for further information.

http://www.neumansllp.com/freedom_of_choice.html

Freedom of choice of solicitor under union membership or legal expenses insurance

Many people are ‘insured persons’ as they have union membership or they (or their spouses or parents they are living with) have legal expenses cover under the terms of insurance policies, such as household insurance.
Unions or insurers usually insist that ‘insured persons’ use their panel solicitors. This means that insured persons often end up with overworked solicitors from different parts of the country (whom they may never meet) and who may not have any particular specialism in the problem that has arisen.

Under the Insurance Companies (Legal Expenses Insurance) Regulations 1990 ‘insured persons’ are free to choose a solicitor of their choice. Usually contractual terms in the insurance document means that this is only actionable upon the issue of legal proceedings. Some insurers allow this to be extended so ‘insured persons’ can appoint their own solicitors before proceedings are issued.

However unions and insurance companies often make it difficult for ‘insured persons’ to appoint their own solicitors. Persons who need legal advice should not be forced to deal with solicitors that they don’t want.

The Financial Ombudsman guidance on the issue of appointing solicitors states that in complex cases or cases with special features or ones which involve employment disputes insurers are expected to agree to the ‘insured persons’ requests to use the solicitors of their choice.

If you have union membership and / or legal expenses insurance and wish to appoint Neumans LLP as your specialist solicitors please contact us. We will liaise with your union or insurers directly.

Get your solicitor to enact this- what it means in practice is that your chosen solicitor and you have the right to request the finacne for the case is covered by your insurer- insurer contacts the lawyer and arranges for financial transfer. Its my understanding that insurers will rail against this as they have a preferential relationship with the solicitor firm based on referrals.

PLs pm me if you want to talk this over

dismayed2

Hi boopopps,
That’s a great bit of info (above) about being able to select your own solicitor on the insurance. The other bunch sound too busy to give your case the attention it needs.
Keep in mind that you WILL recover from this. Fingers crossed for the job interview – when is it?
For myself, I’ll talk through my options with my union rep. If I can escape with a clean reference, that seems the best option. This week, I’ve sent out 2 CVs so I guess I already see happiness as this organisation in my rear view mirror.
As for I-resign? It’s still closed. I think the trolls destroyed it.

boopopps

Thanks Lynzpower, very interesting read. If they fail to reach a decision by Friday I will defo PM you, that will be the 4th time they have delayed then. Insurers say they are very good, know what they are doing etc. Thing is though I have emailed her telling I am now very disappointed at the level of service and shes read the mail but ignored me. I have never once made a claim on the policy in all the years of having it and they just seem so reluctant to help. Once I know where I stand, if they do not pursue I shall stop the DD and cancel the policy and go elsewhere for the future.

boopopps

Hello dismayed2,

Very interesting read, they have until Friday to get their act together and then it will be war with them too. I can see no light at the end of the tunnel, I just do not see how I will ever get through this at the mo.

Thanks, interview tomorrow at 4.30pm, facing 2 top finance guys. Hope they do not eat me alive. At least they are willing to give me a chance and do not judge me without first meeting me. I think a lot of the agencies are the problem, will not even put your CV across because they say its difficult talking to clients.

Good luck with the CV's, hope you hear back. Try putting your CV on monster, within half an hour my phone was red hot, just when they heard I was dismissed they lost interest.

Fingers crossed for you too. Hopefully we will both get things back on track and end up the winners in this!

Shame about I resign, was very interesting to see the number of people finding themselves in similar situations. Had some real good advisors too.

Am out tomorrow evening straight from my interview but will post how it went if I get back at a reasonable hour otherwise 1st thing the next morning. Nervous as hell!

lynzpower

Good luck x