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    • I'm after some advice before I fill in and return the section 172 "request for driver name and address".  I am the registered keeper of the vehicle stated . The alleged offence (Exceeding variable Motorway speed limit 68mph in a 60mph zone) was committed on 29/07/2020, the NIP is dated 31/07/2020.  On Wednesday the 29th July 2020 a friend and I were driving for a much needed break from South Wales to spend a few days in Yorkshire, we shared the driving for the 4.5 hour journey at just over an hour at a time each.  My problem is this, 1.I have no idea of the location or recollection of the place to which the police refer (M1 Northbound Duckmanton Derbyshire?)  and 2. I cannot say with any accuracy which of us were the driver at that particular time.  I have a clean driving licence and am usually very speed aware using the cruise control at most times. an offence for a mere 8mph on a motorway with everything that is going on at the moment seems extremely harsh IMO.   I would much appreciate if anyone could offer help / advice at what I should do next? Many thanks  🙁
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    • The committee's report is pretty damning, isn't it? The Home Office refused to supply the scientific evidence it said its decisions were based on and you can possibly see Demonic's hand in this - he has form for ignoring select committees.
    • and that facts start to come out 'Inexplicable' failure to quarantine travellers to the UK made pandemic 'far worse', say MPs UK ‘almost unique’ in rejecting border checks in crucial March period – without scientific basis – as hundreds of infected passengers arrived every day   https://www.independent.co.uk/news/uk/politics/coronavirus-uk-quarantine-travel-cases-deaths-covid-a9653451.html   "Strikingly, it says the Home Office refused to set out any scientific advice to explain the “grave error”, despite repeatedly promising to do so – a stance attacked as “completely unacceptable”."   So even aside from not testing in any way people who returned: "Yvette Cooper, the committee’s chair, said the critical mistake was the decision on 13 March – 10 days before lockdown – “to remove all self-isolation guidance for travellers arriving in the UK”."   "The MPs also pour scorn on the Home Office’s argument that 99.9 per cent of arrivals are obeying requirements to quarantine for two weeks, finally introduced in June. They describe the claim, made by home secretary Priti Patel as “unreliable”, because it appeared to be based only a limited number of compliance checks made and three fines issued."       So not only did Johnsons cronies NOT make any efforts whatsoever to test people returning, and NOT properly check people were self isolating, they actually stopped telling returnees to self isolate for 10 days before the country was locked down as the number of epidemic infections exploded.   Wonder why?   "The committee’s inquiry heard that, in the crucial 10 days between scrapping isolation guidance and the lockdown, up to 10,000 infected people arrived."  
    • You can pay on the day of travel or by midnight the next charging day..   Appeal to TfL on the grounds that you have already paid within the allowed time and enclose proof of payment.
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    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
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      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
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      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
bugsley

What if an employer makes false and exaggerated allegations?

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I am currently in a situation where my wifes pharmacy company has brought a series of false, exaggerated and downright incorrect allegations against her, suspended her on full pay, held a disciplinary hearing and now, apparently although it has not happened yet, will be not be dismissing her but giving her a final warning for gross misconduct. It has been what can best be described as a witch hunt where the directors have made false allegations, lied, fabricated evidence and made it very hard to provide an defence.

We intend to submit for an appeal hearing and also to submit a grievance. I think it is fair to say that they have acted in an "arbitrary and capricious manner" towards her but the question is, can they act in this way and hide behind the Employment Legislation by just saying they had "reasonable suspicion" and get away with it?

We are seriously considering her resigning and bringing a constructive dismissal case and are researching the possibilities as it will be very hard for her to return to her position after this escapade.

All and any thoughts welcomed.

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If you are considering Constructive Dismissal, DO NOT do so without first getting the best possible legal advice available (you may have cover for employment disputes on your home insurance). CD is virtually impossible to win and the chances of any sort of financial compensation even in a successful claim are negligible.

 

An employer does only need to have reasonable grounds to suspect GM in order to take disciplinary action and many thousands of employees are disadvantaged by that burden of proof creating unjust disciplinary sanctions. You need to appeal the decision, citing as many grounds as possible which the employer is unable to counter - witnesses and documentary evidence if possible.

 

I know this must be extremely distressing, but your wife should not do anything hasty.


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If you are considering Constructive Dismissal, DO NOT do so without first getting the best possible legal advice available (you may have cover for employment disputes on your home insurance). CD is virtually impossible to win and the chances of any sort of financial compensation even in a successful claim are negligible.

 

An employer does only need to have reasonable grounds to suspect GM in order to take disciplinary action and many thousands of employees are disadvantaged by that burden of proof creating unjust disciplinary sanctions. You need to appeal the decision, citing as many grounds as possible which the employer is unable to counter - witnesses and documentary evidence if possible.

 

I know this must be extremely distressing, but your wife should not do anything hasty.

 

I agree entirely about the constructive dismissal - less than 3% of cases win, primarily because the burden of proof lies entirely on the employee in such cases. You would need strong legal opinion on bringing such a case, and not even lawyers would bring such a claim lightly - no matter how dire the circumstances it is very hard to prove that she didn't do what she was accused of, and that is what she will have to do.

 

However, you should remember that the legal requirement is that the employer must have "reasonable belief of guilt" - not reason to suspect something is true. It may seem a fine distinction, but it is a crucial one. I may suspect somebody did something, but that is not the same thing as having a reasonable belief that they did. For example - a purse is stolen. I know that only three people were in the room it was in during the period in question. I also know that Tom has a conviction for theft; Tony and Bill don't. As an employer I could actually sack all of them (believe it or not!) for the theft. Then I know I have the right person! But I cannot sack Tom on his own because I may, given the circumstances, "reasonably suspect" that it was him, but I do not have sufficient grounds for "reasonable belief" because it may have been Tony or Bill. On the other hand, if Tom was the only person who went in the room where the purse was, I can dismiss him even though I can't prove he took it. Do you see how fine the distinctions are?

 

To be honest I would advise getting a legal opinion now - and from an employment law specialist and not a general solicitor.


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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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. It has been what can best be described as a witch hunt where the directors have made false allegations, lied, fabricated evidence and made it very hard to provide an defence.

 

You would need concrete proof of this, before even considering CD.

 

Suspension on full pay while investigating issues is generally considered best practise

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Thanks for the opinions folks.

 

Actually proving that some of their allegations were false and made up is not difficult as there are minutes of directors meetings where they agreed matters and then denied they had agreed them. They made allegations and then changed them to something else even more cras that a 6 year old could see it was fabricated. Trust me, there is little difficulty in proving that they have acted as absolute numpties in many aspects of this escapade. One reason we are considering action is because the directors are doctors and the situation has been handled so badly that my wife ended up hospitalised with stress induced heart attack. Believe it or not, in their first allegation, they did not even know what position and responsibilities my wife had.

 

Anyhow, we will be taking more legal advice and have no plans on taking any action until both the appeal and a greivance submission are out of the way and that will be a couple of months away because she has to rest and recouperate from her heart attack.

 

Again thanks for the comments.

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