suspension

marybelle01

So it does come down to reasonable belief - you could claim unfair dismissal. So what exactly do they think they have reasonable belief of, and what is your defence? Because that is all that matters now.

wrightk

the only evidence they have is the service users statement along with members of staff who have 'interpreted' what he has said and put that in a statement. in their statements they have asked the service user questions like; was it definately **** (me) who took you to see **** to which he is alleged to have said yes

marybelle01

That's "reasonable belief". So can you prove otherwise? And dates apart (because people can be confused) - what are we talking here?Took him to the cinema? Or took him to change his will in your favour? Big difference! What do they say you did?

wrightk

that i took him to see someone who had previously been accused of abusing him.

i can prove where i was if i had the help of local stores we visited as i would be on cctv. i also have receipts for purchases which proves where i was at periods throughout the day, some receipts though are held at work and i cannot access them. i bumped into an old work colleague aswell so she could give a witness statement for that period too.

i dont know if this is good enough?

if i get dismissed over this i will obviously be prepared to fight all the way, appeal etc. but ill never work in care again

Uncertain

wrightk wrote: »

i can prove where i was if i had the help of local stores we visited as i would be on cctv. i also have receipts for purchases which proves where i was at periods throughout the day, some receipts though are held at work and i cannot access them. i bumped into an old work colleague aswell so she could give a witness statement for that period too.

You may be able to get access to any shop CCTV that shows you by making a subject access request under the DPA. However this is not instant (I think they have two months to respond). Also, AFAIK they are under no obligation to keep the recordings for any particular length of time so they may have a policy of wiping and reusing tapes / disks after so many days / weeks / months unless they have identified a need.

jobbingmusician

I am concerned about the representation issue and the fact you have not been allowed to communicate with anyone. I think this is the issue you should be asking ACAS about. Your question to them is 'I know I am allowed representation at disc, but I have been told not to talk to any of my friends and I'm not entitled to union representation. What do I do?'

Yes, I think you should get a statement from your old colleague, and produce receipts. In a way better if they are at work, since you can't be accused of collecting them from friends in the mean time.

I need to re-read the thread, but am also wondering - has your work held an investigation, or are they going straight to disciplinary? It does seem to me that if they'd held an investigation which involved you, they would already know about the receipts and possible CCTV.

YOU need to ask THEM early in the disc at exactly what time you were supposed to have been at this abuser's house. Then with any luck you can say 'there are receipts in my desk which prove I was at Tesco's at some pt in the afternoon, please check receipt times'.

wrightk

thankyou for all your replies i will call acas in a moment and get their take on it.

there is no specific time, which makes it all the more worse as it is simply an allegation that at some point during the day i took him there. i have written down and accounted for every single hour that i was out and about/when we were shopping etc and i have a couple of receipts to prove it, however all the others are held at work.

i had an interview where i was told it had been passed to adult safeguarding who would interview the service user, this seems to have either been a lie or their not interested in the matter as it has now gone to my works disciplinary hearing

wrightk

i could also ask for a statement from my partner as i took him to my house for part of the day too as he normally loves coming to my house and seeing my young children,and we cooked him lunch. but i dont know whether or not they willl consider that as being bias

Uncertain

wrightk wrote: »

i could also ask for a statement from my partner as i took him to my house for part of the day too as he normally loves coming to my house and seeing my young children,and we cooked him lunch. but i dont know whether or not they willl consider that as being bias

A statement from you partner should have the same value as any other.

I know nothing about the "care" business but are you allowed to bring "service users" to your house etc? Even if the answer is yes, is it a usual thing to do?

wrightk

acas said with regards to evidence that they should have got a statement off the individual concerned as to whether i went to his house at the interview stage but they dont seem to. they said with regards to representation if i have no work colleague and your employer says your allowed no contact with them then either take a union rep with you, which i explained i cannot do or they said go to the meeting by yourself