very worried

[marynarz]

I was arrested, then got a job. After I was given my current job, I have told my general manager what is going on ( that was after 2 months i was working for them or even later, cannot remember now)
After I was charged, the first thing I have done, I have called my general manager and told him that i was charged.
He told me that the company will help me and support me in any possible way.
After everything im still working for this company
Head up and start looking for work as this will help you. Don't have to say anything about this on interview unless you will have to work with kids etc

KEEP STRONG!!!!

[myhome]

Yip - agree with marynarz - you don't have to tell anyone anything unless children or vulnerable people are involved. A lot can happen between now and when this is all over - including it being dropped before getting any further.

Did you follow up the employment/dismissal issue?

[bootandsuit]

Hi guys thank you for the advice

In regards to the CCTV I asked my sol to write the the police to ensure no evidence was taped over or lost as I am hearing that is a good trick by the police.

I have a job interview this morning which is scary hardly sleepless night fingers crossed for me

I have spoken with a employment lawyer who thinks it all sounds like discrimination I also found my contract which clearly states they require to give me 4 weeks notice on full pay.

So I will keep that fight going

Thanks for the support never thought a forum would be saving my mental state lol x

[tiger mum]

Your employer's obligations

Hi Bootandsuit - you must be so stressed. Thought I'd send a quick post which may help you in your interviews. I'm a HR Consultant working for companies - not a solicitor.

Firstly you are right that with under 2 years service you don't have the option to take your current employer to Employment Tribunal court for unfair dismissal, they didn't follow best practice or statutory law regarding disciplinary procedures which is very unfair but they can get away with it.

However, if you are in a minority group you have protected rights and you COULD raise a Tribunal claim for discrimination as you are protected against this whatever your service (as your legal advice states) but only if you can prove discrimination. For example if you are of an ethnic minority you would have to claim your dismissal was nothing to do with the allegation, but that you were treated less well than a white guy in your position. Since the recent change in Tribunal charges it will cost you approximately £1200 to get your employer into a Tribunal + legal costs if you use a solicitor to represent you. Maybe this fight isn't the one to concentrate on.

However, your contractual right to 4 weeks notice should be honoured by your employer. Also you should be compensated for the removal of your car if you were allowed to use it outside of working hours. Did you pay tax on the car as a "benefit in kind" - if so its part of your package.

If you had over 2 years service and they had followed procedure and dismissed you for Gross Misconduct (very difficult when the alleged offence was outside of work and you are not working with vulnerable groups) they could have dismissed you without notice. But they didn't bother to investigate the issue of Gross Misconduct so you have every right to 4 weeks salary (at a average of the previous 12 weeks including bonuses/overtime/commission) any accrued holiday you didn't get opportunity to take (calculated at the end of the notice period) and the cost to rent a replacement vehicle for 4 weeks.

Attending interviews in a stressed state is going to be difficult and you need to be as honest as possible to future employers so your current situation makes sense. I recommend that if they press you about why you are looking now tell them you have been dismissed instantly with no opportunity to discuss the situation, they have taken advantage of of your short service. If they press the matter further I'd tell them that you believe they have been informed of a malicious and false allegation against you regarding an incident NOT related to work. Tell them up until dismissal you had good performance and maybe suggest they have also taken the option not to pay you salary/commission you are due. Tell them you are completely innocent and you are sure this will be proved in the fullness of time - you need to keep working to support your family.

My son and I were knocked sideways by a false allegation last year - try and keep your chin up - god knows why these people do this - many possible motives. The next battle might be social services - hopefully you have a decent relationship with your ex and you can discuss the situation with her so she is forewarned if they turn up at her door. I know its awful - but there are a lot of people who will jump to the conclusion you did this, until you've been through it you can't understand the devastation an FA causes.

There's lots of people who post on here - I only post if I'm 100% sure of my advice - make sure your solicitor has experience of defending serious allegations.

Good luck!

[bootandsuit]

Hi and thank you very much for the advice. It seems very sad in today's world that if I was from a minority group I would be treated any different I have coloured friends and certainly don't see them as any different as u have grown up in a modern world. My interview went well I trust tried to forget about it all and said I left for personal reasons ? I hope and pray that social services get involved but so far I have not said anything.

Can I ask what happened with your son? Sorry if that's too personal

Thanks for your assistance

[tiger mum]

Hi - 3 months after the allegation, (after the police had investigated but before the case had gone to the CPS) the girl told the police she'd changed her mind and didn't want them to press charges. This meant the police took No Further Action (NFA).

It was a life changing experience for my lad - he was only 14 at the time and has gone from bubbly & outgoing to being quite introverted. He's still at the same school as his FA and just wants to fast forward and start afresh at college away from her in a year's time. I'm really hoping he can.

Nobody believed her (accept the police and her parents) and his solicitor didn't expect the police would prosecute. I don't think my son feels any 'mud has stuck' - it was just the trauma of someone ripping his life apart. He avoids girls like the plague! The police treated him like a hardened criminal - I don't know what we would have done without the brilliant support of his solicitor, he doesn't know what he would have done without his family's support. He had to grow up quick.

You'll get empathy and good advice on here - but make sure you talk to someone who knows and cares about you too - actual hugs are going to be essential......

[myhome]

However, if you are in a minority group you have protected rights and you COULD raise a Tribunal claim for discrimination as you are protected against this whatever your service (as your legal advice states) but only if you can prove discrimination. For example if you are of an ethnic minority you would have to claim your dismissal was nothing to do with the allegation, but that you were treated less well than a white guy in your position.

Great advice Tigermum.
Could I just ask for clarification about the quote above? Are you referring to the 9 Protected Characteristics (identified in the Equality Act of 2010) which cannot be used to discriminate against anyone by using one of those characteristics? http://www.cardiff.ac.uk/regis/sfs/s...%20charact.pdf
These aren't minority groups but characteristics that anyone could fall under which could be used for discrimination. For example a woman who is on maternity leave being chosen for redundancy because she's away from work at the time anyway.....

[bootandsuit]

All so sad my so called friends tonight have only met me for what I thought was support but turns out only wanting the latest gossip. I've drunk my way through all my savings and even my girlfriend has left me after they have informed them my parents seem unaware what to do with me my Dad gets drunk and falls out with me it's all such a mess. Can't believe how in eight days I have gone from a hero in everyone's eyes to below zero.

It's not fair how men are treated in such a mad accusation

[myhome]

I'm really sorry for how you're feeling right now - it's the start of a really horrific ordeal....

It's not fair how men are treated in such a mad accusation

Just to comment on the above quote of yours - women also get Falsely Accused too - though of course it's nowhere near as common. I'm a woman accused by a woman.......

[inhell]

I'm going through the same nightmare mines been 7 months and I've wanted topp myself so many times.i really hope it works out for you. Try keep chin up I know its v hard but im still standing and I've been accused of rape and sexual assault on my step daughter.

[bootandsuit]

Sorry to hear your also being put through this hell as well. I am trying to keep bust still looking for a job ect went up to London and have instructed and paid for a very experienced lawyer who has given me good confidence.

As a side note I know I should not have but I did research this horrible FA of mine on Facebook and was shocked to she that she has been out every weekend since and also posted a photo that I took of her using her phone on the night she apparently was rapped.

Do find that all very odd

Thanks as always guys

[whatsgoingon?]

Hi bootsandsuit - it may important that you take screen-shots of anything on her FB page about her active social life and keep it safe on a USB key or or similar in a safe place away from police sticky fingers. That may become part of your evidence against her.

Are you out of a job or just looking to move on? It may be that you are entitled to legal aid - in any case you should apply for it - as I understand it if it's refused, you should be able to recover some of your costs should it go to court and you are acquitted (which you can't if you didn't apply for legal aid in the first place).

You certainly learn who your real friends are in times of trouble, don't you? It's really tough, best to talk about it with just a couple of people who you know support you.

Try and keep the stress and anxiety at bay through exercise, activities, distraction - fun Keep as healthy as you can.

[bootandsuit]

Great advise I am learning more and more that you can't trust the police / cps ....yes all backed up and emailed to my solicitor.

You really do can't believe how active my social life was and no spend most days in fact every day on my own realised yesterday I have not actually had a conversation with anyone for a week now. Cabin fever for sure.

No I lost my job after the accusation so am desperately trying to do.d New employment. Hard to sell myself though with the black cloud above my head that follows me.

I employed a specialist solicitor with my last £3500 as I felt the legal aid man wasn't over interested in me or my case and said there is a chance I will spend many years imprisonment before I even gave him my side.

New solicitor seems very positive

[bootandsuit]

Just heard from my solicitor I am being re-interviewed next week (my bail date) my FA s blood and urine tests are back ...unsure what that will prove as I met her on a night out so drink was drunk ? Anyway my solicitor says I am more than likely going to be re-bailed to give the CPS more time ? Unsure if this is a good or bad thing or indifferent.

One question I do have my solicitor says she will speak with the OIC before my interview to gain any disclosures ....what does that mean?

Thanks guys

SB

[kris]

I could be very much wrong on this but it sound to me that your solicitor is wanting to see what the accusing side may have in statements or evidence.

Hope all works out for you