Employment Lawyer help?

[kimlouiselewis]

Hi

I have been dismissed from my job after being accused by my employer of gross misconduct, i have been questioned by the police and they have not charged me.

My employer accused me of taking money which is untrue and also taking various stationary items.

I was not given any support within the office ( I was doing the job of 3 people) and i had no option but to take some items home to allow me to continue working at home and keep on top of my workload.

My former employer has stated that this is theft but i have written to him to inform him the goods are available to collect if he wishes to do so. (he stated in a letter that i was not to attend the premises of the office so i cannot take the goods back myself and i havebeen legally advised to invite him to collect the items)

This boss is now making things very difficult for me, he has written to the jobcenter plus people telling them i have stolen a vast amount of money (untrue) and stole various other items, he has also stated i used his signature which is not true either.

He is now written to me and told me if i dont arrange returning the goods then he will inform the police of the matter, the thing is i have previously contacted the police and it was on there advice that i made contact with my former employer and advise him he can collect his property.

My former employer is making it very difficult for me to obtain jobseekers allowance by what he has said, i also signed up to an agency who contacted him for a reference and he detailed to them he was not giving me one and detailed to the agency why i was suspended then dismissed. He has also stated at the end of his last letter to me that if i do not comly with what he says then he will report me to the police again.

I live in in the UK (Scotland) and im wondering what an employment lawyer would make of this and if i can have a letter sent to my ex employer by an employment lawyer as i feel my ex employer is being very obstructive in me trying to seek new employment, and is blackening my name by making these accusations against me that have not been proven and i feel he is being threating by stating if i dont comply then he will report me to the police again.

Id appreciate any advice anybody can give me, i already have a defence lawyer but because i have not been charged yet with anything im wondering if i should maybe contact an employment layer as well?
I should also add that i was with the company 8 months and i did not sign a contract of employment with the employer.

 

[Julie C]

as you have not be charged and your employer is saying you have you can sue him in a civil court talk to your solicitor

 

[Becky H]

If your not in a union , Contact ACAS you will find it on the web.it's free

 

[Lou B]

Sadly, you haven't got much chance of having your legitimate grievances put right. The law states that an employer does not have to prove theft, only reasonably suspect it. And as you were there 8 months you have no right to an Employment Tribunal. (You need to have been employed for 12 months.)
Furthermore, you haven't got a right to a reference, or a decent reference. This bastard can write what he wants to provided he can show that he has reasonable doubts of your honesty.
You should have been given the chance by Jobcentre Plus to put your side of the story before they suspended your JSA.
So...all in all....the law stinks and you are in a fairly poor position to do much about it. I feel great sympathy for you.
There there any free lawyers in your area? Your only possible option is suing for defamation of character. You can't get Legal Aid for this.

I know this is all bad news but I hope it gives you a picture of what you can do about it. Feel free to mail me if you wish.