Any Legal Remedy for False Gross Misconduct Claims?

[Psychosynthesis]

I work for an enforcement agency within the Civil Service and when I joined I used to question so many decisions and in-house practices of refusing applications based on stereotype and assumptions. This did not go down with senior management but no one told me to my face.

 

A minor incident happened in the office where my security stamp went missing but was later found in the toilet by a colleague. I was asked to write a statement about the incident, ut behind my back my employers cooked up a list of false allegations to the Police.

 

I was arrested by the Police at my house under some false allegations made by my employers. I was lated suspended with pay and 5 months later the CPS advised the Police not to proceed with the case due to insufficient evidence. I have not been contacted by my employers till now concerning my reinstatement, what legal remedies do I have ?

Edited October 21, 2009 by Psychosynthesis

[scousegeezer]

Psycho,

As you are a union member I would get in touch with your union rep NOW and get the ball rolling. Rolling for what I hear you say. Just a pre-emption. If they do go after you again you may need legal representation later on. So ask for forms to request legal representation. That will take some time to organise, so better get in quick. When was the case dropped against you. Why havent they re-instated you. When you say insufficient evidence to charge, was there anything at all on your computer(s). They can retrieve from the hard-dive even if you have deleted stuff. It stays on your computer but not active. Management cannot just transfer you as this is seen as constructive dismissal and leaves them open to grievances and poss tribunal action. They can however facilitate a transfer if requested by you in writing. If you feel your position is untenable. in your current role. Whilst your security stuff was missing - I presume ypour secure computer chip in you name etc - were there any enquiries on the system that you cannot account for. If so , management will want to know how the user found out your password, to enable them to do carry out transactions. If management have carried out actions in front of your colleagues, then you can make a grievance complaint as matters should be dealt with in a discreet manner. For instance they have taken you into your office and in front of your colleagues you were told to empty ypour desk etc.

 

Post what info you feel you can and we will see where we can go from there.

 

Cheers - Scousegeezer.

[Psychosynthesis]

@Scousegeezer,

 

I am a Union member-my Rep did send me a letter that he was advised to stop contact with me during the investigation. However, another Rep did contact me if I needed advise. I was waiting for the outcome of the case before contacting the Rep again. My defense lawyer did state if my employers try to make conditions a bit tight for me either directly or indirectly that I could go for constructive dismissal. Its like a game of cat and mice-waiting for who is going to make the next move.

 

I was not arrested in the office but at home-however a colleague of mine confided that he was advised to avoid having contact with me by the management-a kind of a leper. I perceive that the management will not feel comfortable with me resuming work there since they were too sure that they had a strong case against me-albeit an illusion. I just want to know if I have a strong legal remedy against my employers.

Edited October 21, 2009 by Psychosynthesis

[scousegeezer]

Psycho,

The grounds for misconduct are that there has to be evidence or a reasonable suspicion that mis-conduct has taken place . It seems to me that the item you mention going missing and turning up a couple of hours later, without there being any evidence it has been used unlawfully; is unreasonable. By taking the action that they have taken , by both calling the Police etc etc and now not contacting you after a couple of weeks of the investiagtion being completed; I would say that you DO have a good case for constructive dismissal. However I am sure your legal representative is better placed than I to make that judgement.

 

Good Luck - Cheers - Scousegeezer.

[Psychosynthesis]

Uptil now I have not been contacted by my employers since the CPS asked the Police to discontinue with my case. My colleagues were asked to cut communication with me when I was suspended so I have no idea whats happening. Any grounds for constructive dismisal yet ?

[Psychosynthesis]

I have been in contact with my local Trade Union and they are concerned that my employers have not contacted me since my case was discharged by the Police on 24/09/09.

 

The Union have asked me to put in writing what exactly I want them to do for me. I have listed the following as a draft.

 

1) I am asking my employers to reinstate me on job

2) I am asking to be transfered to a different location (doing the same job description) due to a breach of mutual trust between the management and me and the stigma of being accused wrongly.

3) I am asking for compensation for

a) false allegations against me

b) wrongful arrest by the Police

c) stigma compensation

d) injury to feelings

e) causing stress to me as a result of their actions

 

Could anyone kindly comment if the aforementioned demands are appropriate enough.

 

Thanks

[orfoster]

Hiya,

 

I agree with all that you are saying, you mention that items do go missing in the office, do they have to write statements as well if so there would be a record of this. In which case why you?

 

They are clearly targeting you because you are providing them feedback on their work processes, something most employers don't like.

 

If you are going for a compromise agreement as above I would say that they agree to provide you with a reference as well.

 

Is your union PCS?

[Psychosynthesis]

Not everyone writes statements of explanation when their stamps go temporarily missing and found somewhere in the office later on.

 

Why me? May be because I'm Black? They are being quite over-suspicious.

 

Would I really need a reference since I'd still be working with the same organisation?

Edited October 21, 2009 by Psychosynthesis

[mariefab]

I'd also send a copy of your list of requirements directly to your employer with a cover letter expressing your concern/disappointment that they haven't contacted you themselves since the case was discharged.

If you are suspended on full pay it's pretty strange that they haven't been in touch.

 

Not everyone writes statements of explanation when their stamps go temporarily missing and found somewhere in the office later on.

 

You might want to include a Grievance letter about their unwarranted actions toward you.

[orfoster]

If for whatever reason you want to leave you want an agreed compromise agreement behind you in my opinion this needs to include a reference.

 

Its up to them if they agree to this but the thought of going down appeals/counter grievances/tribunal "should" sway their thinking.

 

If you can show that you have been treated differently I expect its against their equal op's policy and could be treated as discrimination.

[Psychosynthesis]

I'd also send a copy of your list of requirements directly to your employer with a cover letter expressing your concern/disappointment that they haven't contacted you themselves since the case was discharged.

If you are suspended on full pay it's pretty strange that they haven't been in touch.

 

Not everyone writes statements of explanation when their stamps go temporarily missing and found somewhere in the office later on.

 

You might want to include a Grievance letter about their unwarranted actions toward you.

 

The Union rep was going to study the case with other full-time comrades in order to proffer an appropriate tactical approach to the situation. For now its like a game of cat and mouse or chess where both opponents are waiting for the next move without showing their hand.

 

With my list of demands I have shown my hand. My employers may also want to play hard-ball and institute an internal disciplinary process based on the unfound allegations. In that case I would put in a grievance letter and refuse to take part in the investigations because I perecieve that details of my case has already made office rounds, my confidentiality has been breached and I will not get a fair hearing from the same organisation that set me up for the Police-therefore leading to a Constructive dismissal.

 

Assuming my employers do accept my reinstatement/re-engagement I would still pursue compensation through an ET but that would have been after I had settled down at the new location.

 

I do have a long catalague of continual direct and indirect discriminatory practice against me by management and staff (vicarious liability) which I intend to raise in a grievance letter but that would be later-its my kind of trump card-depending on how things unfold.

 

For instance, at our office we have different clocks with different times for different time zones on the wall with their respective locations-eg Tokyo,New York, Accra etc but under the clock meant for London...they wrote there Peckham (which is where I live). It was there for 6 months till someone changed it to London.

Edited October 22, 2009 by Psychosynthesis

[Psychosynthesis]

If for whatever reason you want to leave you want an agreed compromise agreement behind you in my opinion this needs to include a reference.

 

Its up to them if they agree to this but the thought of going down appeals/counter grievances/tribunal "should" sway their thinking.

 

If you can show that you have been treated differently I expect its against their equal op's policy and could be treated as discrimination.

 

I wouldnt want to leave except I am heavily compensated.I'll get the reference clause inserted in any compromise agreement.

 

The discriminatory angle of my case is similar to the case of Devaline Mckenzie vs Home Office (you can Google it).In that case, the Home Office was accused of institutionalised discrimination. Nothing much has changed since then.

Edited October 22, 2009 by Psychosynthesis

[monkeychicken]

You do know that you have a 3 month time limit to bring race discrimination cases (3 months from the date of the act or date of discovery - date when you should have known that you were being discriminated against)

[Psychosynthesis]

Update:

 

Since I was cleared by the Police in September my employers have not contacted me to inform me about whats happening.(I'm still on paid suspension). However, my Union Rep met the Director of my Department and was told that they are carrying out "internal investigations" against me.Its taking 3 months for them to conclude whether they have enough evidence against me to put me in for a disciplinary misconduct or not. The evidence they have is still the same evidence that the CPS deemed was insufficient. I am going through depression and have been assigned a Psychologist by my GP (he advised me to change my job).

 

My Union asked me to contact their lawyer if I wanted to pursue the compensation claims. I've decided to wait till the outcome of the "internal investigation.

 

I am toying with the idea of pursuing a Constructive dismisal route as I perceive my employers are trying to hound me out of work . Any advice ?

[majik]

Hi

 

I would have to say liase with the Union rep as they would be able to give better advise than myself but i personally think you would have a very strong case should you go to Employment Tribunal.

 

I have noticed you have been reading my own thread in relation to a similar issue.

 

I am not with a Union but my partner is so i have been able to use their legal line and speak to a solicitor in realtion to my case, i have found this a great help so far.

 

I have just found out my ET case has been accepted so am currently waiting the defendants response.

[Psychosynthesis]

Further to my last post here, I was dismissed for Gross Misconduct in June 2010 after going through disciplinary proceedings in January 2010. I appealed against the dismissal in October 2010 but it was dismissed.

 

I have sent an appeal to the Civil Service Appeal Board and have a hearing date in February 2011.

 

I made an Employment Tribunal claim against my ex-employers for Unfair Dismissal and Discrimination. My ex-employers rejected the allegations in their ET3 submission.

 

ACAS offered a mediation which I accepted (they are yet to get a mediation agreement from my ex-employers).

 

My ex-employers (Respondents) have requested a Pre Hearing Review at the ET to determine the likelihood of my case succeeding and to make me pay a deposit of £500 if my ET case proceeds. The PHR date is on 19/11/2010.

 

Suddenly, my ex-employers Solicitors send me a letter today asking me to withdraw my ET case by 16/11/2010 as it is misconceived and that they would be pursuing a case to recover the cost of the Tribunal proceedings from me.

 

I thought that the purpose of the Pre-Hearing Review pursued by my ex-employers was to determine the likely success of my case, so why are they issuing me with a threatening letter to withdraw the case?

 

I have informed my Union Reps about the threat letter but it seems they are a bit reluctant to offer support at ET level. They preferred to represent me before the CSAB and ACAS. What should I do? Do I inform the PHR Judge about the threat letter? Does Simms vs Mckee apply to me here ?

 

N/B I asked the Judge to postpone the PHR pending the outcome of the CSAB hearing in 2011 and ACAS mediation but it was overruled.

[honeybee13]

Hello there, nice to hear from you again. I'm not an ET guru, but from reading what you say, it sounds as if the ex-employer's solicitors are trying to bully you.

 

Please sit tight until later or tomorrow because we have people who know about ETs.

 

I hope we can see you through this.

 

My best, HB x

[SarEl]

Now I can't recall where - but I have answered you on another site! So I am not going to repeat it again - check out the other sites you posted to.