Birmingham council Blue Badge fraud use - now magistrates date. **RESOLVED**

[Ethel Street]

No he can't. You can only be dismissed at a formal disciplinary hearing which you must be given advance written notice of.

 

Read your school' Staff Disciplinary Policy.

 

 

[Blackcat13]

Ok. I will have a look later when I am at work. I think that will be the outcome of the meeting though 

[honeybee13]

Please let us know how it goes once you're able to. You're being very brave and I hope he can see you're a good person.

 

 

HB

[Blackcat13]

Would he have to dismiss me if I am convicted of fraud? 

[Ethel Street]

We've been round this discussion several times @Blackcat13

 

No he does not have to dismiss you. There's no law that says you cannot work in a school if you have a conviction for fraud. But he is entitled to dismiss you if he chooses to..

 

As various people have said it is, sadly for you, likely that you will be dismissed. But it is not inevitable. Ultimately the governors (if you work in a Local Authority school) or the Academy Trustees (if you work in an academy) will decide.

 

Which is why I have been consistently advising you that it's important to get advice from your union  and to have them accompany you and speak for you at the disciplinary hearing that will inevitably have to take place. They are experienced in putting forward special reasons why you should not be dismissed. I wouldn't expect the disciplinary hearing to take place until after magistrates have decided your case.

 

It is possible he could suspend you until the disciplinary hearing is arranged. The head has the power to do that. In my opinion that would be unreasonable in your situation and if it happens get union help immediately.

[Blackcat13]

Thank you, I know you have previously said all these things but my head is all over the place at the moment and I’m not coping well with it all. The amount of times I burst into tears because I possibly could lose everything… if I lose my job I don’t know how I will be able to provide for my children and with a criminal conviction I will be unable to afford to pay my car insurance as it is an extra £200 per month. I barely can afford things now so I literally don’t know how I would do these things. Feel like my whole life is ruined 

[Ethel Street]

@Blackcat13have you got family or friends outside work you are able to talk to about this, people who can give you emotional support? 

[Blackcat13]

No I have no one, I told my mum and she’s more worried now than me. 

[Blackcat13]

Do you think I need union representation today? 

[Ethel Street]

Under your Staff Disciplinary Policy you probably are not entitled to have your union rep with you because it's not a formal disciplinary meeting.  But if I were in your position I'd ask my union rep to come with me on the grounds that I know it inevitably will lead to a formal discioplnary process later so I'd like my rep there from the start.

 

Head could refuse though. Make sure head knows in advance if union rep is accompanying you.

[Blackcat13]

I haven’t got anyone with me today but I will have to see how it goes today. 

[Blackcat13]

Solicitor has contacted me to make an appointment with him to make an application for legal aid. 

[honeybee13]

That's good news, well done. What time is your meeting today?

 

HB

[Blackcat13]

It’s at 2 

[Blackcat13]

PDF 27:09:2022 13:40:35.pdf

[honeybee13]

Is that when you were expecting the hearing or a bit later?

 

HB

[Blackcat13]

No, that’s correct. It’s just it’s asking me to decide my plea. 

[honeybee13]

And I hope the lawyer will help you with that?

 

HB

[Ethel Street]

You don't have to formally enter your plea until the hearing on 13th October.  You enter your plea at the hearing. You will have met your solicitor to discuss this by then. 

 

Send the solicitor a copy of the letter you have received about the hearing. 

[honeybee13]

So how did the meeting go, Blackcat?

 

HB

[Blackcat13]

Sorry it’s taken ages to reply…

The head was really understanding but if I am convicted then a disciplinary procedure will occur. 
I have seen a solicitor today and he is going to try and contact the prosecutor at the council to see if it can be dealt with outside of court. If not he will attend court with me next week and it’s up to me whether I plead guilty or not. 

[FTMDave]

Good to know the head was "on your side" as much as that was possible.

 

Also good idea by your solicitor to at least try for an out of court settlement.

 

Have you been able to get legal aid to pay for the solicitor to attend court?

[Blackcat13]

Yes we applied for legal aid yesterday. 

[honeybee13]

That sounds much more hopeful than last time you posted, well done.

 

I'm not sure I understand why the solicitor says it's up to you to decide how to plead?

 

HB

[Blackcat13]

He said that I’m guilty because I parked there but if I want to fight it and argue that I only intended on parking there while I sorted my children out, then I should plead not guilty because of the long term effects on me and my job.

 

Hopefully, it can be settled without going to court.