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Original poster

Is this a police matter or a civil matter

96 replies

ixqic · 30/06/2014 19:03

I suspect someone I work with has written a letter of complaint about me pretending to be a member of the public to get me into trouble at work. In short, I work with children/vulnerable adults so the implications for me could have been significant.

In short it has become evidence in a disciplinary hearing which has already happened and which has been dismissed.

I think I now have evidence which seems to confirm my suspicion and I want to know where I stand.

Where ought to I go next? I know I can go to my union with my suspicion but I wonder if going to the police is also a possibility.

Thanks in advance for reading and replying.

OP posts:
Petrasmumma · 30/06/2014 19:16

Poor thing. What a malicious thing to do. Can you actually prove that the letter came from your colleague or is it a bit circumstantial?

Going to the Police is not going to help you because what you are talking about is defamation, which they don't get involved with. Your union can advise you on this if there is any solid basis to pursue a case.

Secondly and perhaps additionally, why not consider making a professional complaint against this person? You never know, the management might have been wanting to get rid of them for some time and this could be the behaviour they need. Again, speak to your union.

Original poster
ixqic · 30/06/2014 19:42

I have a copy of the letter of complaint and I have a copy of the person's handwriting. The writing in both v similar. The person I suspect wrote it is a part of management.

I am speaking to my union anyway regarding bringing a grievance against my workplace. This is additional crap which I suspected but which I had nothing but a hunch to go on since today.

Thanks for letting me know it us defamation of character.

OP posts:
Petrasmumma · 30/06/2014 21:04

Handwriting expert at your own expense is the only way to solidify what you currently have and even then, it's not great as evidence goes.

Taking action against the workplace is another thing entirely. I hope your union is up to the challenge!

Original poster
ixqic · 01/07/2014 02:45

Thank you.

OP posts:
ThatVikRinA22 · 01/07/2014 02:58

its civil - not criminal.
but i wouldnt let it lie if i were you - go through your employers grievance procedure.

police wont be able to help but that doesnt stop you from bringing a complaint at work and raising an official grievance with your suspicions.

good luck

Original poster
ixqic · 01/07/2014 12:18

Thank you Vicar, I have serious suspicions. I will speak to my union about it and try to force them to identify the person they claim who wrote the letter. I suspect bringing a grievance may force them to identify, even if it isn't to me but to a tribunal, who this person is or wasn't as the case may be.

OP posts:
AmateurDad · 07/07/2014 20:20

More lay people getting things wrong..

Forgery is an offence contrary to section 1 Forgery and Counterfeiting Act 1981.

Whether there is enough evidence in your case - and whether the CPS would deem a prosecution to be in the public interest - I cannot say.

Nicknacky · 07/07/2014 21:06

That act refers to "false instruments". Passports, credit cards, cheques etc. Sorry, I have no idea how to do links!

It doesn't cover letters of complaint regarding someone's working abilities.

Are you a police officer or lawyer, Andrew?

Nicknacky · 07/07/2014 21:07

Where did I get Andrew from?? I mean Amateurdad.

AmateurDad · 07/07/2014 22:26

Instruments means (amongst other things) documents "of a formal or informal character"; the Act says so. It therefore includes passports and so on but is not so limited.

I'm a criminal lawyer, to answer your question.

greenfolder · 07/07/2014 22:31

I worked for a company where a colleague started getting hate mail. After several instances of this, they spotted some handwriting that matched. Our employer investigated and instructed a handwriting expert who confirmed the match. The person was dismissed for gross misconduct. The colleague who was targeted did not take legal action.

Nicknacky · 07/07/2014 22:37

I don't think a letter of complain will come under a document of "formal or informal character"

And as the complaint could be accurate, why would that be a criminal matter?

WestmorlandSausage · 07/07/2014 22:46

urrm AmateurDsd.... VicarInaTutu isn't a lay person.....

and i'm not sure a false letter of complaint constitutes forgery.

Nicknacky · 07/07/2014 22:48

Neither am I am lay person.....

So if tomorrow I receive bad service and I complain but for whatever reason I'm wary of using my own name, and I put in a letter of complaint which isn't found to have substance, then I'm guilty of fraud?

Please!!

WestmorlandSausage · 07/07/2014 23:01

Nicknacky i'm personally not convinced of AmateurDad's credentials. Grin

Nicknacky · 07/07/2014 23:03

I think his name might be accurate......

BerylStreep · 07/07/2014 23:10

I agree with AmateurDad - it is an offence under the Forgery Act - it is writing a letter purporting to be from a member of the public. I also agree with his assessment that CPS may not be inclined to prosecute.

I would be inclined to raise the suspicions in the employment setting, and state that you reserve the right to contact the police in relation to suspected forgery in the future.

Nicknacky · 07/07/2014 23:13

An employee is still a member of the public.

ThatVikRinA22 · 07/07/2014 23:20

the police will not be interested in this as it will be seen as civil.

because amateurdad...im not a lay person. im a police officer.
the police would expect this to be dealt with "in house" - there is no evidence as to who wrote it - only suspicion.

as police are so incredibly short staffed now i doubt very very much this would be dealt with via criminal courts.

i know that cps would not run with this.
take it up with employer.

my username is taken from a Smiths song.....not my job title.

Nicknacky · 07/07/2014 23:23

And a document hasn't been forged. That's the key element to the offence. Have a look at the definition of forgery.

ThatVikRinA22 · 07/07/2014 23:28

im slightly bemused.

this week i dealt with finding a person a week after they died....its summer. flies. i will leave the rest to you....

this was after dealing with a child sex offender who had been exposed in his community.
and a man who decided the correct response to being locked out after a night out was breaking the nose of his unfortunate family member who happened to answer the door....

i was late off shift every single day last week.

and you, amateurdad actually think police have time to conduct an investigation into who wrote a letter of complaint?

if you fancy a job as a private investigator do feel free.

BerylStreep · 07/07/2014 23:38

The definition of forgery does apply in this case.

A person is guilty of forgery if he makes a false instrument, with the intention that he or another shall use it to induce somebody to accept it as genuine, and by reason of so accepting it to do or not to do some act to his own or any other person’s prejudice.

in this Part of this Act “instrument” means—
(a)any document, whether of a formal or informal character;

for the purposes of this Part of this Act an act or omission intended to be induced is to a person’s prejudice if, and only if, it is one which, if it occurs
(a)will result—

(ii)in his being deprived of an opportunity to earn remuneration or greater remuneration;

I have already stated that I think it should be raised in the employment setting, however it doesn't mean that it isn't also a criminal offence.

Nicknacky · 07/07/2014 23:43

Thanks for posting that link, I've never learnt how to do it!

I think we need to disagree it's a criminal offence :)

ThatVikRinA22 · 08/07/2014 01:25

but you have to prove it....to get it to court there has to be evidence of a crime. how do you prove who wrote the letter?

AmateurDad · 08/07/2014 08:44

There is no reason to think the Act doesn't cover letters of complaint; and the OP is saying the allegations were made up.

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