employer had me arrested after I brought tribunal case

[cantcarryon]

This has upset me so much, I am having suicidal thoughts.

Basically, I was accused of gross misconduct and dismissed because me employer alleged that I claimed for false overtime hours. This despite the fact that he signed all the payments off over several years. His motivation is that my job is to make financial reports to head office and I made a report which showed a deal he had put together had achieved really appalling results. He threatened me and ordered me to change the report and I refused.I am bringing a tribunal case against him and have been advised by my solicitor that I have a really strong case.

I received a call out of the blue from the police. They had received an allegation from my former employer, they wanted me to make an appointment to go down and talk to them about it. I went down, was promptly arrested, put in a cell for over an hour waiting for the duty solicitor, then spent over 4 hours consulting solicitor and being interviewed. Solicitor says case a load of rubbish but police are obliged to investigate all complaints. So basically, anyone can walk into a police station, make a completely false allegation against you and have you arrested and detained for hours, even days, and you can do absolutely nothing about it.

I've now been bailed and have to return in a month. I now have to worry for weeks that I may go to prison, i may lose my family. I feel so powerless, I can't even leave the house, never mind look for work. I feel my life has ended and don't know how to carry on.

Why are employers allowed to destroy people's lives and get away with it?

Please, can anyone offer me any comfort?

Relax, you'll win in the end, and when you do don't let it lie, sue the cr@p out of him for all your upset... then go on a nice holiday with some of the money!

If he's signed of the time he's lined himself up for a fall bigtime, and you've nothing to worry about.

Yes call samaritans to help with your immediate mind set...

The best revenge is served cold. Here we go.

1. Do a grid and plot the timeline of everything that has happened thus far. Date, event, names of people involved.

1. Send it immediately with a short covering letter to all the people you can think of, including your MP (female, so can't be a mason;.)), Law Society, Chief Constable of your area, Police Complaints Commission, new solicitor, Home Secretary ;.) (I am only partly joking about the last one).

1. Find out details of local Masonic Lodge and inform them that something that has happened to you that may or may not be of concern to them and that you are happy to pass on details if they are interested. If you do have dealings with them, make sure you mention all the official bodies who know about your situation, going right to the top.

1. Consider getting the local BBC reporter for your area on side. They know the police very well. It might make a good story at some point - not necessarily now.

I too am quite shocked at all the things you have told us and my opinion of the polis is now back to 1981 levels.

do make sure you are writing down all these events. several papers/magazines would possibly pay for this story. i think you should entertain the thought of speaking to one of the local reporters from um whats that show as they may well be inclined to investigate further and then air it all on national tv.

good advice is definately worth paying for. make sure he tells you up front what the ongoing costs are and the likelyhood of winning.

try to stay positive as you will win eventually.

Can'tCarryOn - If you are not working, you should be eligible for legal aid for this.

Have you submitted a formal complaint to the IPCC yet? If not, sorry to be harsh, but why not? IPCC intervention at an early stage will help to set your mind at ease against any further abuse of authority.

Given the ongoing aspect of the IT, I wouldn't court publicity at this stage. Life is hard enough at the moment.

I hope you are managing to get a few minutes each day when you are not thinking of this - the threat of criminal action is awful on top of what you have already suffered.

I read this thread when it first started but didn't comment has know nothing helpful, just want to my horror and at what the police have put you through.

It is just getting worse and worse.

I had no idea that just having an arrest record means that it is virtually impossible to ever travel to the US. And i will have this arrest record for the rest of my life if i can't get it ruled unlawful.

I can't believe that I can be put in this position just because someone decides to make a malicious accusation with absolutely no evidence.

I have found a good local criminal law firm and will be ringing them on Monday to see if there is any way to sort out this mess. More legal fees that I can't afford.

I think although you can ill afford it and it will be worth begging/borrowing the money you need. Can you remortgage/take a payment break?

Yes CarGirl I am definitely going to get the solicitor - I need to get this sorted out or it will screw up the rest of my life.

I only wish i had done it right from the start. If i had turned up for the initial interview with my own solicitor i ma sure I would not have been arrested - they would not have dared try that on with a legal person backing me up. I only hope it is not too late to get the arrest quashed.

My advice to anyone in my situation is NEVER go anywhere near a police station without your own solicitor and NEVER trust anything the police tell you.

I never thought I would be put in the position to be saying that with my nice middle class upbringing and law abiding life. However, I now realise that NO-ONE is safe from them, however blameless your life.

Very sorry to read what you are going through.

I wonder if any of the police people who post on here could confirm if the complaints you had made about your local police might be recorded so that, when they looked up your name after the initial complaint, they saw the histor associated with you name?

I know someone who managed to get an arrest with no charge from many, many years earlier removed from their record after it came up on a CRB check so please don't despair on that front.

cantcarryon I've been following this thread and haven't commented before now because I haven't felt I have anything useful to add. But re your comments on being prevented from travelling to the US because of an arrest, my husband works for the US government and he says that having been arrested does not automatically make it virtually impossible to travel to the US.

If/ when you want to go there, the first thing you should do is go to the US Embassy website, look for the ESTA wizard and follow the steps answering the questions honestly to see if you are eligible to travel under the visa waiver programme. If you aren't, then you need to make an appt for a visa well in advance of any planned travel. Even if you are found 'ineligible' for a visa because of a criminal record, you may be eligible for a waiver of that ineligibility. This happens quite frequently and is up to the consular officer. Make sure you take any relevant documents that support your story. There's a lot more info about this on the Embassy website including a blog which answers questions.

Make sure you use this site which is the official one for ESTA applications. Google directs you to several others which are third party sites with unnecessary fees.

Yes, BIOTB, but it is a very long drawn out process with no guarantee at the end of it that I would be granted a visa - it is very much at the discretion of the consular official. And it lumps everyone who is arrested, even if no charges are ever brought, with those who have criminal convictions. Very unfair, as the police are apparently allowed to arrest people just because someone has wandered in off the street and made a complaint, however unfounded. The US immigration dept appears to think that such people must be guilty of something even if they are shown to be entirely blameless.

Can'tcarryon - when is your next appointment to speak to the police?

I think it is really good that you have got yourself a good solicitor. Ask them if you are eligible for legal aid - I would be really surprised if you aren't. That will, at least take the worry of paying for proper legal advice off your mind.

It would probably be a good idea to write down a timeline / summary of facts to date to hand to the solicitor during the meeting, along with a list of any concerns / questions you have. It means you will be able to use the time during your appointment more effectively (and also means that if you end up crying, at least you can hand the summary to the solicitor).

The solicitor should also be able to advise on a complaint to the IPCC (I know I sound like a broken record, but I urge you to do this asap) - but from what I know, I would be suggesting that if the necessity criteria for arrest have not been met, then you should complain (and sue) for unlawful arrest and detention.

I'm also amazed that a custody Sgt would have authorised detention in this matter. Have you got a copy of your custody record which sets out the grounds for arrest and the grounds for detention?

Have you spoken to your GP yet? It would be useful to have the effect this has been having on you documented so that it can be used in the future IT.

Sorry that I seem to be asking lots of questions, but I think all these actions will stand you in good stead down the line.

Let us know how you get on on Monday with the solicitor. Hopefully he or she will be able to set your mind at ease a bit.

God this is awful! I hope you get it sorted soon.

TYOTC - I'm ringing the solicitor this morning. A firm my husband knows through his work but not the criminal dept - but a reputable local firm.

I doubt if i would be entitled to legal aid due to my husband's earnings.

I will put all the issues to this solici
tor then decide on the way forward. Hopefully will be able to help me with a complaint to the IPCC. I want to wait and get advice before I go ahead with that as I have got myself into enough trouble through not getting myself a good solicitor in the first place.

'as I have got myself into enough trouble through not getting myself a good solicitor in the first place.'

It is worth repeating to yourself at very regular intervals - 'I have done nothing wrong, I have done nothing wrong'. Even though you know this, your mind can start to play tricks.

Good luck today.

I'm sure you have already looked, but here is the link to the legal aid site. Disposable income is the key, so if you have big outgoings, you may still be eligible. The site also says that if you have to pay yourself, and are later found not guilty, you can claim back the costs (although I don't know what the situation is if you are not charged / reported in the first place).

ww - unfortunately does not cover criminal cases.

TYOTC - unfortunately we are a long way short of qualifying as one of our biggest expenses is chool fees and that is not an allowable expense. I guess I can't complain but it would appear we are expected to take the kids out of their schools to pay these fees. I will never do that - will beg and borrow the money somehow.

Solicitor spoke to today says they cannot help with getting the arrest record removed - says this can only be done by making a complaint at the police station. I am surprised - surely there is some legal action i can take? Surely this is a breach of my human rights?

Have requested a copy of my custody record and picking it up tomorrow. Will also ring MP to make an appointment.

I am still in shock at the nightmare you are facing.

I hope your solicitor helps you navigate your way through this nightmare.

Jeez really not good news then today.

Hope it's more positive once you've read your custody record.

Have you thought of asking Citizen's Advice to hold your hand through the paperwork maze as you plough through all the compaints procedures, demands for copies of things and so on? Might help you feel someone is on your side for a change, perhaps. And save some of your legal costs on the more routine stuff such as information requests.

any update cco?

Spoke to MP today. She is appalled at my treatment and will be looking into it for me. Says their behaviour appears very unreasonable and she will definitely help me with my complaint.

So nice to talk to someone who is on my side.

Thats good cco. It is great that you have someone supporting you.