The end is approaching....or is it?

[HellandBack]

if there is no 'victim' - who made the complaint? (not saying there is, but your name can't have been plucked out of thin air - so how did it happen?)

From my original post:
"My arrest was on suspicion of sexually assaulting an unknown child, on an unknown date, at an unknown time, at unknown location.
...In the interview I realised that my arrest was due to comments made by somebody (using a different name to mine) on an internet chat site, and that the IP address came back to me as the bill payer of the broadband connection at this address. This is why they did not have any victim details, date, time or location of offence etc."

They still do not have a name for the alleged victim or any victim statement. The only evidence is that I'm the bill payer at this IP address. I haven't even had the chance the dispute this as I have a dynamic IP so the ISP info may be incorrect, other people have access to the connection and it is also wirleless enabled in a large block of flats. Hence why the CPS told the police to keep dreaming if they thought it was ever going to court. Nothing was found on any of my computer equipment to corroborate me ever accessing this apparent web site.

For obvious reasons, I am unwilling to post a copy of what was written on my eCRB. Suffice to say it went into unnecessary detail into the allegation, described what the 'victim' had alleged, and slid somewhere in the middle as an afterthought that there was no further action taken on evidential grounds.

Of course the damage is done.

As for writing to the Chief Constable, I have tried this and gotten no response after several months. Worth a try but keep the letter simple and stick to the facts, rather than being pleady and whiney. Might be worth contacting your MP.

So rather than just state the facts they like to twist the knife in too? I shall certainly be prepared.

HellandBack,
Just curious can you still just set up an office and work for yourself no boss if your a DR?

I could, but the majority of employment for doctors in the UK is in the NHS or for NHS funded private firms. Those who are able to work completely 'freelance' are normally consultants, whereas I'm still a middle grade and not particularly useful outside of an NHS A&E setting. The great irony is that I also work on the bank for an agency supplying locum doctors to most NHS hospitals, who suspended me pending the outcome of the investigation, and who have now re-instated me due to the NFA. So I'm still working in the same role in different hospitals with minimal supervision and monitoring, yet I can't do shifts at my regular place of work in the meantime where the seniors could 'keep a closer eye' on me for a few weeks until everything is over. Welcome to the NHS...

By all means be angry, fight as long and as hard as you can but if I was you I would be ensuring that I read up on employment law and nailed the buggers at a tribunal. Take the compensation awarded and retrain as something that does not involve eCRBs or leaving yourself open to the petty and unjust whims of the state and their employers.

The immediate battle you have in front of you is to keep your job. Faith clearly has a wealth of knowledge and experience in this area and is an ideal candidate for answering any of your queries. I would fight tooth and nail to keep your job but if you loose that battle then a tribunal is the only avenue I would go down as all of the others open you up to public scrutiny (reporters LOVE European cases!) and drains on your finances.

I feel terribly sorry for you to have found yourself in this unfortunate situation. This country desperately needs doctors who WANT to be doctors and your analysis of your situation and your answers clearly show that you are one of the people that should be employed and helping the needy. Take a little step back, review your life plans and see what room for change you have should things not go in your favour. Don't cut yourself up but ensure you have a "Plan B" just in case, you never know it may just be better for you than "Plan A".

Thanks for the reply, lawlessone. I understand what you're saying but I've trained for 10 long years to get where I am, and gotten myself into plenty of debt in the process. Although I moan, I'm good at what I do and can't see myself doing anything else. I especially can't see myself working to make somebody else rich. Ultimately I may have to apply to every trust in the country and declare that an allegation may come up on the E-CRB, to see if there are any reputable HR managers about who will give me the benefit of the doubt.

I've done more research and found case law that pretty much demands the chief constable contacts me prior to disclosure for my opinion where the allegation is so vague that it may be untrue. I will write to him to remind him of this obligation when I submit the application. Although it doesn't guarantee that he won't choose to reveal something, I will argue that disclosure would be disproportionate on the basis of information that is so vague and unreliable, that I have no previous offending history and that I haven't had the opportunity to test the computer evidence by a defence appointed IT examiner etc.

Thanks for all the replies.

[windmill]

Nhs employment

A familiar story! I have worked in the Nhs for 25 years as a clinician and senior manager. I was accused of a gay rape if someone not connected to work, suspended as expected but as soon as I was charged they sacked me, without notice. I am still awaiting my court hearing.

I have had professional advice and have been told my unfair dismissal case will be strong if found not guilty and therefore in your situation when your case was NFA'd yours should be stronger.

There is however a clause in my PCT employment policy that gives them the right to terminate employment if Trust is lossed between employer and employee. The Nhs is a strange place and in terms of them paying out compensation etc it doesn't come from anyone's budget it's centrally paid for so, while I have no evidence for this , my experience tells me managers who are very risk averse almost would rather sack an employee to get rid of the problem, and if at a future date a tribunal finds in your favor , they will just pay up. No one in the organization is effected or chastised for a bad decision, and the problem or individual is "paid off".

Like a said, I have no hard evidence but in my case and I wouldn't be surprised in your case too, they will just want to get "rid" of the problem, take it to tribunal and prob make you an offer before the tribunal sits. Please take advice as you MUST apply to the tribunal within a short time of time dismissed and if you miss the date you have no recourse and your screwed.

You must go back to your union and also if you have house insurance check to see if they offer free legal advice, many do, and they will also give you free employment legal advice.

Good luck !

[Faith]

Correct Windmill, there is a ground for dismissal which is 'breakdown of mutual trust between employer and employee' which the services such as NHS and education will latch on to.

A tribunal must be launched within 3 months of dismissal date. This is very strictly adhered to, to the minute.

[lawlessone2009]

10 years worth of training. 10 YEARS to demonstrate to an employer that you can be trusted and yet the buggers want to use a stupid clause in a contract to end your job...

Windmill, 35 YEARS!!! What the hell... Dismissed just like that! Everyday I seem to see that this country is getting worse and worse...

[windmill]

25 years

10 years worth of training. 10 YEARS to demonstrate to an employer that you can be trusted and yet the buggers want to use a stupid clause in a contract to end your job...

Windmill, 35 YEARS!!! What the hell... Dismissed just like that! Everyday I seem to see that this country is getting worse and worse...

25 years not 35, however all of my working life! I ant really think of the future yet until my court case in November however all I can suggest to you is maybe after your traumatic time treat it as a new beginning? If you do get to a tribunal you may get a payout that might help you do something different? Don't get me wrong, it won't make you rich, but enough to do something new?

[the advocate]

I saw this on another forum relating to something else.

Sorry I don't have the time to consider if it helps, but there may be reference to other case law as well which you can use.

http://www.bailii.org/ew/cases/EWCA/Civ/2012/138.html

"This case raises a matter which causes me some concern. It appears to be the almost automatic response of many employers to allegations of this kind to suspend the employees concerned, and to forbid them from contacting anyone, as soon as a complaint is made, and quite irrespective of the likelihood of the complaint being established. As Lady Justice Hale, as she was, pointed out in Gogay v Herfordshire County Council [2000] IRLR 703, even where there is evidence supporting an investigation, that does not mean that suspension is automatically justified. It should not be a knee jerk reaction, and it will be a breach of the duty of trust and confidence towards the employee if it is. I appreciate that suspension is often said to be in the employee's best interests; but many employees would question that, and in my view they would often be right to do so. They will frequently feel belittled and demoralised by the total exclusion from work and the enforced removal from their work colleagues, many of whom will be friends. This can be psychologically very damaging. Even if they are subsequently cleared of the charges, the suspicions are likely to linger, not least I suspect because the suspension appears to add credence to them. It would be an interesting piece of social research to discover to what extent those conducting disciplinary hearings subconsciously start from the assumption that the employee suspended in this way is guilty and look for evidence to confirm it. It was partly to correct that danger that the courts have imposed an obligation on the employers to ensure that they focus as much on evidence which exculpates the employee as on that which inculpates him.
I am not suggesting that the decision to suspend in this case was a knee jerk reaction. The evidence about it, such as we have, suggests that there was some consideration given to that issue. I do, however, find it difficult to believe that the relevant body could have thought that there was any real risk of treatment of this kind being repeated, given that it had resulted in these charges. Moreover, I would expect the committee to have paid close attention to the unblemished service of the relevant staff when assessing future risk; and perhaps they did."


You can apply for your own extended crb through organisations on the internet who will sponsor your application - I said that mine was to do voluntary work as a childrens sports coach, which although true I didn't have to show evidence of. costs about £75 iirc.

Your other good bet is to contact your MP to have your records, dna etc removed from the police national computer. This will show the police you're serious (and could possibly create a stink, if necessary. They usually work on the basis that they take the easiest line, so if no comments on your crb is going to be less hassle for them than landing you in the ****, they'll take that line.

[Izzy]

This is another part of the whole FA that makes my blood boil
I'm so sorry for everyone on this thread.
Faith I'm really sorry to hear about your job, it's so unfair.