Employment Law Advise

lixhul

Very long story short. May 2025 I was arrested due to allegations made by an ex whom works in same place.

I accepted to work from home whilst investigation took place.

September 2025 the investigation concluded and no charges was made against me and I was clear of all accusations.

It's now March and I am still working from home and all requests to return have been ignored. My only ask was to return to the position I was in. I resigned last week and have a 3 month notice because mentally I could no longer take it.

Do I have a strong case or is employment law generally something not to bother with?

dermino939

The fact that you were cleared in September and kept in isolation until March is a major red flag for any employer. Usually, if the investigation is closed and no charges were brought, there is no legal reason to keep you away from your workplace. By ignoring your requests to return, they essentially "demoted" you to a permanent work-from-home status without your consent, which is often seen as a breach of contract.

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/6660572/employment-law-advise

Other than the change to WFH, was your job role, grade and salary unchanged?

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/6660572/employment-law-advise

No one here can give you legal advice, you'd need to speak to an employment lawyer for that. Do you have legal expenses on your home insurance or are you a member of a union? Both can be a source of free advice on employment law matters.

Criminal Law and Civil Law have a different level of proof required hence you get people who are cleared in a criminal case but civil case against them is successful. Not commenting on if you did or didnt do something just pointing out why not being charged on a criminal case isnt always sufficient.

This is one that highlights the different strokes for different folks idioms, I know many more that would kill for a contract that they can work 100% from home and resent any request to come into the office. Personally Im more with you and generally do come in more rather than less.

Did you file a formal grievance and highlight the impact it's having on you?

Woodstok2000

Does your workplace have a HR department and a documented complaints procedure? If so, did you follow that through to a conclusion, or were you just emailing a manager and not getting a response?

Employment law is strong, and worth pursuing, but you need to show that you've done your part in making the company aware of the issue.

lincroft1710

The following may not be what you want to hear and is posted dispassionately

I would suggest that as being able to WFH is generally regarded as a plus, you may struggle to convince an Employment Tribunal that you are a victim of Constructive Dismissal. Also if your ex still works on site, considering the circumstances, management may have thought it prudent to keep you two apart.

MRNT's post is worth noting, management may not be convinced that just because you weren't charged there was no case to answer.

ohreallƳ

If your intention is ultimately to go to tribunal, I would reconsider if you're already mentally fragile; it's not tea, biscuits & sympathy and it will be adversarial to a degree.

I don't know how feasible it is but can you consider informing your employer of your mental state and try to recind your notice?

Your mental state will likely be worse on benefits, perhaps a point to ponder.

monkey-fingers

There's someone on this particular forum that has posted a number of times about their experiences since 2020 getting involved in all kinds of tribunals and it appears to be mentally wearing them down.

The company you work for cannot give you a bad reference, because you've been found guilty of nothing. It doesn't sound like you're on a PIP or work performance review.

So they'll give you a review that says "Bob worked here in this role from this date to this date"

I'd probably suck it up, find a new job and move on. Sounds like a rubbish company to be working for and very toxic.

Marcon

https://forums.moneysavingexpert.com/discussion/6660572/employment-law-advise

Based on what you've said nobody could have a clue whether you have a case for constructive dismissal (which is exceptionally hard to win - very much harder than unfair dismissal).

Looking at your previous posts, you've had a string of issues to contend with, and posting here probably isn't going to help with this one. Get some free legal advice from a properly informed source (ie one to whom you can provide all relevant facts in confidence - which certainly isn't advisable on a public forum anyone can access). See https://www.lawworks.org.uk/legal-advice-individuals/find-legal-advice-clinic-near-you and search for a clinic dealing with employment issues. If there isn't one near you, quite a few operate by telephone/email/internet meetings, so you should be able to find help without too much difficulty.

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/comment/81931522#Comment_81931522

The company can give you whatever reference they want, just if it's not based on fact then you could potentially sue the firm for libel.

Most companies dont give bad references, even if there are facts that support that you were a bad employee because why risk litigation costs only to help an unrelated business avoid a bad hire? Even more so if they are a competitor. As such the majority simply confirm start date, end date and title as at the date of leaving.