Been sacked due to allegedly accused of stealing at work. Help :(

elsien

With regard to an ISA referral, my understanding is that you can still be put on their barred list regardless of whether police charges have been pressed or dropped, as the ISA list needs a lesser level of proof than a criminal court case. So there may not be enough evidence to take you to court, but you can still be banned from working as a carer.

"A referral is information which does or could indicate that an individual has engaged in an activity that caused concern for the safeguarding of children or vulnerable adults."

However you do have a right to reply, to see what has been said about you, and to put your own point of view.

Following ISA consideration, if the ISA is ‘minded to bar’ an individual it will write to that individual seeking representations as to why they should not be barred from working or volunteering with children and/or vulnerable adults. The ISA will provide to that individual all the evidence that the ISA has relied on in making its ‘minded to bar’ decision. The individual will have eight weeks to make representations in writing to the ISA. Current employers and other bodies or individuals with a registered legitimate interest in the individual will be notified in writing that the ISA is ‘minded to bar that individual

Following representations, if an individual is subsequently barred they will be notified in writing. If the individual is not barred, they and legitimately interested parties will be advised in writing. The ISA does not have the power to inform any other individuals or organisations of the decision including an employer who may have dismissed the individual (as they no longer have a legitimate interest in the individual).

I strongly advise you to get legal advice in completing any representations you need to make as if you get it wrong and get put on the barred persons list you will not be able to work with children or vulnerable adults again.

More info here if you need it.
http://www.isa-gov.org.uk/Default.aspx?page=379

Snuggles

twilighter946 wrote: »

** UPDATE **

Then today, i recieved a letter from "independent Safeguarding Authority" dated 23.11.2010 saying they have recieved a report from my employer about the circumstances leading to my dismissal.
They stated they are doing futher investigation into my dismissal to whether they will or wont put me on the 'Barred list from working with vulnerable children and/or vulnerable adults'.

SO basically i need advice Im guessing the ISA dont know i was arrested and released free of charge as their letter is dated the day before my arrest.

What shall be my next step?? This ordeal has made me physically sick. I feel like my whole world is falling apart around me.

Thanks in advance

Twilighter, don't panic about the letter from the ISA. Your employer has referred you because they are legally obliged to do so given the circumstances of your dismissal. The ISA will have to consider your case even though the police are taking no action.

However, only a very small percentage of people who are referred to the ISA are placed on a barred list. The ISA works on the balance of probabilities (which is a lower burden of proof than is used by the police), but if the facts are as you have stated, there is very little evidence against you, so it would seem unlikely that the allegation could be found proven. Even if the allegation was found proven, it still doesn't mean you would be placed on a barred list. If this is a one-off incident and you've had no previous warnings, or history of misconduct, it is very unlikely that the ISA could conclude that you pose a risk to vulnerable groups.

In the worst case scenario, if the ISA intends to bar you, they will write to you and send you all the information they have used to make their decision. You would then be given the opportunity to give your account of events, and any other information you want them to consider before they make their final decision.

The ISA may not be aware that you are appealing your dismissal, and it is worth informing them of this (either yourself, or through a legal representative if you have one). It would also be worth telling them that the police are taking no action against you (they will find this out anyway, but it might speed things up a bit if you tell them now).

Good luck with your appeal

twilighter946

Thanks for the replies so far.

Even though the ISA has said i dont need to respond just yet, i will be writting a letter explaining that i was arrested and released without charge as they is no evidence, and i will also do a copy of the drug test receipt saying negative!

I just want to ask.....The police had 2 statements what the 'nurse' and manager made to them .... am i entitled to get copies of these from the police?

Because the nurses statement differs from the statement she gave the nursing home, and what she said to the police would help me in my appeal with my ex employer as it contradicts what the old lady said who made the allegation against me.

ViolaLass

I can't help thinking that someone's got something against you, to be honest, if you're telling us the full story. It seems like shut an open and shut case.

twilighter946

ViolaLass wrote: »

I can't help thinking that someone's got something against you, to be honest, if you're telling us the full story. It seems like shut an open and shut case.

Everything i have mentioned in this thread is the full story. It is everything i told the police aswell in my interview whilst in custody.

Thats the thing though no one has nothing against me (what I know of). I got along with everyone.

My manager in her statement to the police praised me up regarding my work, that all the staff and residents loved me, i fitted really well straight away. She has never had any problems with me over the past yr working with them. The manager also stated to the police that she didnt want me arrested, but because it was "aledged theft" they wanted to bring me in for questioning.
Ive already had 3 nurses tex me saying they are disgusted what has happened to me, that they dont believe it for a second and that they will support n give me a reference if need be.
I even had the senior nurse go into our works the day after they sacked me, and confronted the manager about my dismissal.

I just dont no what to think any more. They whole situation has threw me. I just dont know what do to.

All i do know is that I NEED copies of them statements the police got off the nurse and manager. Am i entitled to have copies? considering no charges were brought against me?

Rainmaker_uk

twilighter946 wrote: »

Thanks for the replies so far.

Even though the ISA has said i dont need to respond just yet, i will be writting a letter explaining that i was arrested and released without charge as they is no evidence, and i will also do a copy of the drug test receipt saying negative!

I just want to ask.....The police had 2 statements what the 'nurse' and manager made to them .... am i entitled to get copies of these from the police?

Because the nurses statement differs from the statement she gave the nursing home, and what she said to the police would help me in my appeal with my ex employer as it contradicts what the old lady said who made the allegation against me.

Twilighter - I am sorry for your predicament however unless you are going to take legal assistance you are wasting your time posting here.

I do not want to sound harsh but the only routes open to you are to get legal advice from a solicitor or forget it and move on.

Please heed SarEL's repeated suggestion and do this before your lose the ability to do so due to the time passed.

mandyc

As has been said previously, you need to speak to an employment solicitor. Your whole future is at stake so don't jepordise it - get professional advice.

twilighter946

I will be taking it futher and getting legal advice.

However i have been told i need to attend my 'appeal meeting' before i can take it to a employment tribrunal.

I have just been accepted for JSA .... i had to wait as the job centre needed to speak with my employer regarding my dismissal....so I had to wait to see if the job centre were going to class it as 'unfair dismissal' or if not it would be JSA sanction (sign on but recieve no money) .... however the job centre did state they feel its 'unfair dismissal' so i will be able to recieve money off them whilst looking for work. So am i entitled to get legal aid straight away?

Thanks for all the replies so fair really appreciate it

Louby-Lou_2

no win no fee ? just an idea.

dawyldthing

the ISA will give you chance to say your side of the story so make sure they listen to it and have all the facts as they should base it all on facts. Your employer should have given you a chance to say your side of the story. What a horrible situation for you to be in!