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Original poster

employer had me arrested after I brought tribunal case

191 replies

cantcarryon · 30/01/2010 14:22

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?

OP posts:
carocaro · 21/03/2010 12:52

So sorry to hear all this, DH is going through an unfair dismissal case at the moment, since last July, it has been horrific, really affected us both very badly, not just having no £, but the mental abuse they inflicted, their 'solicitor' phoned me at home and threatened me to drop it all, which of course they denied, the problem is with the cost of going to a tribunal, £1,000's, no legal aid, ACAS are invovled, spent £3,000 so far, mainly from friends and family, home insurance did not cover it.

So unless you have the cash I think you are fucked more or less.

They did not follow employment law and owe him at least 40k, they have offered him £1,500. They have tried to discredit him so many times.

I can totally empathise with how you are feeling, I am so shocked at the way people behave, what you are facing is just horrendous.

I could take a baseball ball and smash the brains out of both of these fuckers for what they have done.

Of course it's not the answer, hopefull patience and truth will out.

It better had!

Original poster
cantcarryon · 21/03/2010 15:33

carocaro - I know EXACTLY how you feel!

And take heart, the fact that they have made an offer at all shows they are unsure about their case. They will almost ceratinly up it to something more sensible before too long.

And even though you can't prove what that solicitor said to you when they called, your phone records will prove they made a call to you at your home. This is very bad form, they should never try to contact you directly, it can and almost certainly WILL be seen as harassment by the tribunal.

OP posts:
moocowme · 21/03/2010 20:21

just make sure you are all writing down a record of these events as and when they happen. try to keep it factual and write a seperate section on how it made you feel.

BoffinMum · 22/03/2010 18:15

Thanks to endemic overcharging by lawyers, it's so expensive to get legal advice now that very few ordinary people have access to justice. All the more reason to stand up for yourself, to make bullies back off and think twice before doing it to other people.

BoffinMum · 22/03/2010 18:15

Oo, oo, oo
Would a law school take it on as a pro bono?

Kathyjelly · 22/03/2010 18:23

Just sit tight & hold your nerve. Your employer is trying to get you to drop your tribunal case. The fact that he has done this just shows how rattled he is by the tribunal case.

If you haven't done anything wrong, the police will drop all action as the solicitor said . Then you need to make sure the tribunal knows that he caused you this stress. Every bit of stress caused deserves extra compensation.

I know it's scary but you're in the right and he's just a bully. You'll be fine.

Original poster
cantcarryon · 23/03/2010 19:33

They have upped their offer to £4k. Still "derisory" in the words of my solicitor but the fact they are trying to do a deal at this stage shows they are seriously worried.

Having said that, they have put all sorts of threats to go after me for their costs if i do not accept the offer and they win the tribunal case as they state they are "confident" they will!

Nasty little bullies.

OP posts:
moocowme · 23/03/2010 20:03

i can't see why they would offer you any money if they are so sure they would win at tribunal.

LadyBiscuit · 23/03/2010 20:16

They're calling your bluff. They know they don't have a leg to stand on and are hoping that you'll settle out of court

BoffinMum · 23/03/2010 20:44

Remember that a tribunal starts out assuming you are in the right, and they have to prove otherwise.

WingedVictory · 23/03/2010 23:06

Oh, cantcarryon I'm so sorry! This is awful, but just listen to all the great advice you are getting on this thread as to whatyour next legal step should be.

Also, do listen to _, who has been urging you to take time off emotionally from this. It must help.

To do that, perhaps it would help to perform a kind of triage. Just break down how many problems you have facing you, and it may look more manageable. In fact, a lot of the documentation and legal work can help you in more than one problem, so the tasks are not as many as you might think.

  1. Employment tribunal. When does this actually go to court? Do make the Freedom of Information requests suggested upthread. Who is your solicitor for this? Could this solicitor represent you for the criminal charges, or recommend someone? In any case, solicitor should be kept fully informed of the criminal side of things.

  2. Criminal case. Again, FOI request. This has already been taken care of in (1). Get decent solicitor/recommendation/extend the mandate of existing solicitor. So maybe half-covered already.

  3. Police complaints. Your records for the other two points will be re-used, so again, no extra work. Keep records of all contact with police. Your letters to MP, etc., can be mail-merged, so saving you some more time.

  4. Payback. Your targets:
    (a) ex boss at tribunal,
    (b) ex boss for slandering you/wasting police time/trying to give you criminal record/being a shit,
    (c) useless solicitor,
    (d) police
    This is the last item on the list, because you will have already done most of the work already.

One more thing you ought to start doing (and I'm very sorry for this, as the purpose of this post was to break the work down and even reduce it), is to ensure your data are backed up. Make lots of copies of what you have (photocopies and electronic copies), and copy everything as it comes in. You do not want to lose all this!

Hope this makes it look a bit more manageable! And good luck.

(and carocaro, also feel for you)

lifeissweet · 25/03/2010 18:48

This is not a useful contribution unlike a lot of the above. I have read this whole thread and really feel for you. I know that this must be weighing on your mind every minute of every day and I just wanted to post because no one has written anything for a couple of days and I just wanted to say that I have been thinking of you and hope that you are coping.

As I said - it's not useful having a complete stranger thinking of you and offering no advice, but I thought I'd post anyway!

WingedVictory · 25/03/2010 20:41

lifeissweet, you are sweet.

Original poster
cantcarryon · 25/03/2010 21:59

lifeissweet - thankyou so much for your kind words. It really helps to know that there are people like you out there taking the time to think about me.

I am feeling more optimistic now - I WILL win this tribunal case and I am sure I will beat this ridiculous police case - every legal person i have asked for advice has said they have not one shred of evidence because I have clearly done nothing wrong. I am determined to entirely clear my name and i will make sure the wanker ex boss suffers the consequences for his actions.

Please don't think you have to offer practical advice to be a help - a few kind words mean such a lot and you have made my day. Bless you.

OP posts:
Original poster
cantcarryon · 25/03/2010 22:01

And WingedVictory - thanks for all your practical tips - i have a bulging file and hundreds of copies of everything!

OP posts:
WingedVictory · 25/03/2010 22:42

I'm not sure I originated any of the practical tips, except perhaps the computer/document backups (apologies to anyone whose thunder I might have stolen); it was just meant to be breakdown to make it all look more manageable. It's very good to hear you sounding so much more positive!

I have realised, too, that I forgot to find and put in TheYearOfTheCat's name for urging you to take care of your emotional state, as well. There's a _ in my post where her name ought to be. Sorry. Must be an advice magpie, shame on me.

TheYearOfTheCat · 29/03/2010 18:25

cantcarryon, glad things are looking up. When are you due to next see the police?

MrsSchadenfreude · 09/04/2010 20:30

Bump!

Have been thinking about you - any news?

Original poster
cantcarryon · 13/04/2010 00:16

Due to answer bail tomorrow. Have had no feedback at all so far, solicitor ringing tomorrow to find out what they intend to do.

OP posts:
OldLadyKnowsNothing · 13/04/2010 01:09

waits

fanjolina · 13/04/2010 10:04

good luck!

slug · 13/04/2010 12:19

Good luck.

When I did a women's self defense course many years ago they made us chant "turn fear into anger" It's a mantra I used when facing down a bullying colleague who tried to get me fired for daring to question his (illegal) actions. I had it written on the top of my notes in the greviance meeting(s).

puddytats · 13/04/2010 12:45

Just wanted to add my support, i have had a lot of experience with the so called 'justice' system . The police are out to fill statistics, not figure out who is actually innocent, therefore they go from the everyone is guilty angle (just my opinion based on experience). If you want to talk to someone who has 'been there' (i was arrested and had to answer bail several times over the course of 18 months) please let me know. Feel free to look up early posts from me (2005/6/7) as my husband went through something very similar to you.

Good luck tomorrow, i am thinking of you

xxx

slug · 13/04/2010 13:14

Oh cripes, puddytats. How are you coping? I often think of you and your poor dh.

puddytats · 13/04/2010 13:19

Hi, we are good. He has been home for nearly 3 years now - time flies when you are having fun! We got through all the sentancing/prison crap only for them to file 2 seperate civil suits against us when he got out. Mine they had to drop through lack of evidence but dh unfortunatly had to declare himself bankrupt a couple of years ago. Somehow we have managed to hold onto each other, the house and our sense of humour!!!

It is hard to believe that it was 5 years ago it all started now! But thanks to people who believed in 'us' and not 'the norm' we are doing well! So please take heart Cantcarryon, life will get better and regardless of what happens there is always mumsnet