Employer discrimination due to rape accusation

[Harribo]

Hi All,
I have just found this forum and wondered if I could ask some advice. My brother has been falsely accused of raping a girl he had a one night stand with 6 months ago. The incident was reported back in Nov 2011 but it has taken 6months for him to find out as the police have been unable to find him as he has no previous, the local newspaper were asked to print a CCTV pic to find him and luckily a relative saw it online before it went to print and he quickly contacted the police.
He has been interviewed and is currently awaiting the police decision on whether to pass this onto the CSS. The police have been very helpful and positive with him and have told him that they believe he didn't do it.
He is obviously devastated beyond words and to compound matters his employer has suspended him pending internal investigation and a disciplinary hearing (this accusation was not made at work or during work hours!). He has had to attend a hearing at work and some co-workers have been interviewed as he was out with them earlier on the evening in question. The HR rep even asked him if he does this sort of thing often! It is very difficult to get any info on what employers can and can't do in these circumstances so I wanted to see if anyone has any advice or suggestions?? Thanks

[Faith]

Is your brother in a union? If so that should be his first port of call. Also contact ACAS.

Get him to say to his employer that they are risking prejudicing the police investigation by carrying through disciplinary procedures now. Really, they should be waiting until the police investigation is closed before carrying out their own investigation.

Please don't trust too much in the police either. Without trying to scare you, I have known several people who have been assured by police that 'this is going nowhere' and the CPS have then pressed charges.

[Harribo]

Thank you for the reply. He has tried to talk to ACAS but they have told him to speak to the officer in charge of the case, at the moment he is very focused on getting through the next few days to see what the decision is to progress it but his employer are definately adding a huge amount of stress to an already terrible situation.
I did wonder whether the police officer was stringing him a line to keep him quiet. Thanks for the words of warning. I'm so worried for him!

[Saffron]

Your brother should write a formal letter to the HR department of the company stating that by conducting a disciplinary hearing they are indirectly prejudicing the legal investigation.
Has the name of the company been mentioned in the press or elsewhere in the public domain in connection with the accusation? As this did not happen at work and the complainant is not a colleague or connected with the company I fail to see what it has to do with his work situation.
Speaking to the CAB should be his next port of call.
Good luck

[Harribo]

There has been no mention at all of the company name or his name or any specifics, just a grainy imagine on a website. Thanks for the CAB tip - will pass this info onto him. He is very low and saw GP today who also mentioned this I believe. Think he has been reluctant to 'fight' his company over their reaction as he doesn't want to appear to be causing problems or making the situation more complicated and hence dragging out a decision further. Goes without saying that not working or having a focus whilst waiting is a nightmare as he has too much time on his hands to dwell! Thanks again

[Faith]

He has alot on his plate at the moment. It is a bit much for him to have to fight the allegation and his work. I was faced with the same thing.

The ebst thing he can possibly do is inform his work that they risk prejudicing the police investigation. They will know very well what this means and SHOULD delay their own little investigation until after the police matter is closed.

That way your brother just faces one fight at a time. When the time does come, he can't worry about making waves...employers and HR can be ruthless. He is just a number to them. Your brother sitting back and not defending himself will not make them have an attack of conscience but will make them rub their hands together with glee and say 'this'll be easy!!'

Take care.

[Harribo]

Thanks for these words of advice. You have hit the nail on the head, he just needs to get through this week and see what happens. I have everything crossed that it will be NFA'd and then he can start to deal with the fallout in terms of work etc. I can't even imagine what will happen if this is referred on :-( Being a woman myself I cannot imagine what motive a person would have for making an allegation like this against someone who has done nothing to deserve it!