Suspended From Work and Loss of Career...Can I Sue?

[Miss Iamangry]

I am new to this forum so not sure if this is the right place...however I am really struggling to know what to do.

 

I worked for my employer for nearly 25 years and held a very responsible job. During that time I gave birth to my daughter who is disabled. For a time I took unpaid leave and claimed careers allowance.

 

Its a long story...but...in short, the DWP prosecuted me for benefit fraud. They contacted my place of work who suspended me pending investigation.

 

Firstly I was suprised that I was suspended as this was not fraud against my company, I was pleading innocence and it was a personal matter with no links to my workplace.

 

I won my case easily and I was allowed to return to work. However, I felt that my reputation was so damaged that despite being innocent, my career was effectively over due to the smeer of suspention.

 

Is there a case her to sue my company? If yes what sort of lawyer do I need? I have no idea...but feel that I have done nothing wrong, other than work hard for 25years and now have lost my job, pension and prospects.

 

Thanks for any help.

[ms_smith]

Hi and welcome to the forum .

 

 

I agree.

Every employee has a right to a bias-free judgement from their employers, a term implied in the mutual trust and confidence clause of every employment contract.

 

Check your contract and employee handbook. Is there any information about the company's attitude towards convictions? Do they perform criminal record checks during recruitment process?

Edited January 26, 2012 by ms_smith

[Miss Iamangry]

Thanks...the employee handbook quotes "fraud" as grounds for suspention...however it is in a context refering to the company...but still ambigious enough to wriggle out of!

 

I worked for an airline so I was automatically CRB checked and because I worked airside at an airport my check was quite high. the investigation they performed was nonsence as no investigation was actually done.

 

Still don't know if I have grounds to sue....but I shall check my contract....thats good advice.

 

Thanks for your reply

[ms_smith]

Hmm, I guess the airline will ever argue that a fraud is still a fraud and although it may not have been directly connected to potential loses of the company itself, the fact that an employee has got a fraud in his/her records may always influence their decisions. Which is why they perform those CRB checks in the beginning.

They may think: she has hidden some information from DWP - she may hide some information from us and to our inconvenience next time. Harsh but real.

By the way and for the sake of my own (or others, as well) curiosity, do they dismiss a person's job application when they find at least one record of unflattering nature?

What does the contract say?

 

Apart from that, can you prove that the mistake (resulting in your employee status being at risk) was solely done on the part of DWP? If so, you always have grounds to complain to them and demand apology and compensation. That is given that even the magistrate official told you the case should never have been brought to the court.

Edited January 26, 2012 by ms_smith

[Miss Iamangry]

I suppose my point is that I have had CRB screening for 20 years with no problems, plus my record at work was clean. My solicitor said that the workplaces are not normally contacted unless your case is linked to company fraud....plus I was pleading not guilty. I would have thought that in the ballance my company of 25years could have had a bit more faith before making a knee jerk reaction. Subsequently my career that I had been building up was ruined and I was innocent...its just very frustrating.

 

With regard to job applications, for my possition, I would think so as any convictions would show up on the high level CRB check. I think it depends on what type of CRB check is required. Also HR would screen applications before I would see them so it would depend on company policy as to which applications were acceptable? Does that answer your query?

 

I would just be interested if anyone has had experience with something like this. Or, if anyone knows if I should seek legal help?

 

thanks again for your reply

[becky2585]

Hello

 

You say you've just your job, do you mean that literally?

[ms_smith]

Yeah, she handed in the notice herself (mentioned that in her other posts).

[mariefab]

How long was your suspension?

[papasmurf1cx]

Hi Miss angry...

 

I think you need to clarify your employment position because despite what other caggers think I am still unclear as to whether you are still employed, been dismissed, resigned or still under investigation. It is important.

 

It is further complicated because your prosecution was in regard to suspected fraud connected to your disabled child. This area of law is complicated because a recent ruling in the European Court in regard to carers means that Associated Discrimination is now possible for people that are connected to a disabled child / person. Your employer may have some liability but the first thing to find out is what is your employment status. Please detail exactly the events when you returned to work.

 

Do you know what the DWP actually said to the investigators? I am wondering if there was some breach of confidentiality, although they could quite easily have approached your employer to get details of your earnings. However if the employer knew they were investigating allegations around claiming for a disabled child then at least you can 'connect' them to actions around disability.

 

As I say complicated.

[ms_smith]

From her own, another perspective... :]

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?335579-How-Can-I-Sue-DWP&p=3695706#post3695706

 

Papasmurf, I like your sense of humour to combine different issues so as to sello tape them...

[papasmurf1cx]

From her own, another perspective... :]

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?335579-How-Can-I-Sue-DWP&p=3695706#post3695706

 

Papasmurf, I like your sense of humour to combine different issues so as to sello tape them...

 

I didn't think I was sellotaping issue together Ms_smith. Miss angry is asking who, if anyone, to sue and specifically asked if she can sue her company. When I see a disability question I look to why actions are taken and try and work out if discrimination has occured. Having had an Associated Discrimination matter at the Et myself I can see connections that may not be obvious.

 

From your link and another post by the Op on another thread I can see she has left because of the lack of trust that has occurred. The Op will need to go down the Constructive Dismissal route but if she does then she should also get specific legal advice about the apparent Associated Discrimination too. The more she throws at the employer, the more likely something will stick.

 

She need to clarify why it was so bad that she had to leave.

[ms_smith]

The more she throws at the employer, the more likely something will stick.

 

Oh, the joy of pure vengeance...

 

But seriously, c'mon, you seem to suggest that parents of disabled children shouldn't ever be suspended, prosecuted, etc. Her child's disability doesn't play any role in the case, I believe.

 

But I suspect that miss is more aggrieved with dwp rather than with her employer who acted, in this case, reasonably. I know it may hurt miss... and it may not be what she wants to hear but the fact is that it was dwp that stirred emotions around and raised panic.

Her employer is duty bound to perform CRB checks on a regular basis so it seemed a consistent approach to suspend her towards information from DWP. In itself, claiming money that do not belong to you is a serious offence. How many times your read about folks who pretend not to be able to work just to get some benefits?

DWP messed up things, obviously.

I thought for a while that maybe her employer should have done more proper investigation when they suspended her. But how do you guys imagine doing investigation based on papers that belong to DWP and are in DWP's sole possession?

 

Every employment specialist, doh! every employment judge (!) will tell you that suspension to investigate the case is not an outcome of that investigation. Any redress should be directed at those who made accusations and a person became suspended due to the nature of allegations.

 

I think I would be very sad as well if my employer, after 25 years of unblemished service, decided to believe someone else, not me. :/

 

********************

If it wasn't in their policy to do CRB checks, I would find suspending an employee following a call from DWP properly sickening...

 

I'll give yet a different example: do they do CRB checks across police force, etc? If the police would then receive information that a police officer is being prosecuted by dwp over benefit fraud, would you expect him to be suspended from duty?

Edited January 27, 2012 by ms_smith

[papasmurf1cx]

Oh, the joy of pure vengeance...

 

But seriously, c'mon, you seem to suggest that parents of disabled children shouldn't ever be suspended, prosecuted, etc. Her child's disability doesn't play any role in the case, I believe.

 

But I suspect that miss is more aggrieved with dwp rather than with her employer who acted, in this case, reasonably. I know it may hurt miss... and it may not be what she wants to hear but the fact is that it was dwp that stirred emotions around and raised panic.

Her employer is duty bound to perform CRB checks on a regular basis so it seemed a consistent approach to suspend her towards information from DWP. In itself, claiming money that do not belong to you is a serious offence. How many times your read about folks who pretend not to be able to work just to get some benefits?

DWP messed up things, obviously.

I thought for a while that maybe her employer should have done more proper investigation when they suspended her. But how do you guys imagine doing investigation based on papers that belong to DWP and are in DWP's sole possession?

 

Every employment specialist, doh! every employment judge (!) will tell you that suspension to investigate the case is not an outcome of that investigation. Any redress should be directed at those who made accusations and a person became suspended due to the nature of allegations.

 

I think I would be very sad as well if my employer, after 25 years of unblemished service, decided to believe someone else, not me. :/

 

********************

If it wasn't in their policy to do CRB checks, I would find suspending an employee following a call from DWP properly sickening...

 

I'll give yet a different example: do they do CRB checks across police force, etc? If the police would then receive information that a police officer is being prosecuted by dwp over benefit fraud, would you expect him to be suspended from duty?

 

I believe a Police Officer would not be suspended until convicted, especially if he protested his innocence. Once convicted he / she would then be disciplined for the discipline code offence of being convicted of a criminal offence, then dismissed for that.

 

I am suggesting there is a connection because the Op is saying her reputation was trashed because of the DWP investigation that was dismissed in court. That connection is to do with disability tenuous, I admit but still a connection. It does not help that the OP simply walked away and so needs to prove the overwhelming breakdown of trust, which may be difficult to satisfy the ET.

 

The Op is very angry but needs to try and be objective in detailing what actually went on from when the employer was contacted by the DWP to when she walked out.

[becky2585]

Just to be clear - tribunals see suspension as a neutral act, not one which points to them believing the employee is guilty. It's highly unlikely, given the facts available, that the employer did anything wrong.