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?

can't carry on please ring police station yourself and ask for update. I rung my solicitor on friday as was due to attend bail today they said there was no point ringing til day before as they would not be told anything. Friday the police had written to me telling me I did not have to attend as they were taking no further action. Had I have rung friday I would have saved myself 3 days of worry. Please ring them will keep my fingers crossed for you and we shall share a bottle of champagne.

Hi

The vendictive former employer has made the false allegation to the police, knowing that they would have to investigate and arrest you. And then you'd have to go thru the ordeal with finger priting the cells etc.

It is a deliberate attempt at putting you off your claim against them for unfair dismissal.

Here's what you need to focus on (other than staying positive and keeping calm - very important!), once police have found that there is no case to answer, this will be in your favour! That means if the police do not think you have committed a crime in relation to the overtime payments, then these payments must have been made legitimately!

Hence your ex-employers have maded arses of themselves as well as leaving themselves open to prosecution (by police) for wasting police time!

I'm also thinking that other than trying to be put you off and scary you, they may also be trying to make them selves look, to a tribunal, like their claim was so serious that they had to get the police involved.

However as you state your ex-boss signed off your overtime over several years and only now (due to his/hers incompetence) is there some sort of a "problem", then you shouldd have nothing to worry about!

You need to keep calm - its very very very important that you do! I know it must be beyond difficult. And try to take your mind off it (mumsnetting and tv and reading and seeing friend - baking or whatever you like to do).

Hope it all works in your favour and you're soon free to come and tell us who this horrible company are so that we can all avoid working there!
X

Wishing you luck, cantcarryon, I've been following this thread since the beginning and you can add me to the chorus of supportive voices.

Have had confirmation that the police are taking no further action. Was phoned by the PC who was doing the investigation and told "you don't have to come in". I replied that due to the fact that they f**ked up so badly the last time i went to answer bail i would be turning up at the appointed time and would expect confirmation in writing. "oh i was just going to put it in the post" was the reply. I don't think so mate!

Anyway, next step is to get on with lodging the complaint through my MP. I am DETERMINED to get this arrest ruled unlawful. With any luck ex employer will get charged with wasting police time but they won't discuss this with me so I can't find out if they are going to do this.

Now can concentrate on getting a nice big settlement for the tribunal case - I think i deserve it!

can't carry on have opened the champagne for you so pleased we both have had good news here is my thread www.mumsnet.com/Talk/am_i_being_unreasonable/934716-or-more-am-I-being-stupid

Thanks all for your support. You have probably kept me alive, that is no exaggeration.

I still have some battles on my hands but at least they don't involve the threat of prison.

Fabulous news I am so pleased that you are one step further along to a big victory!

Congratulations - this is great news. I hope that the terrible stress you've been put through it taken into account by the tribunal.

I'm also glad that you're determined to press ahead with the complaint. The police were power tripping and were trying to pressure you into being interviewed without legal advice. You need your arrest wiped as it could still be held against you in future. Also, compensation for false imprisonment starts at £500 an hour I believe, and you deserve it.

Please let us know how you get on.

Fantastic news!

LesbianMummy - just read your thread - had not seen it and had no idea you were going through exactly the same thing at the same time. And resolved on the same day for both of us - how weird!

So glad for you - you can put all this behind you now.

I am not sure how much mileage there would be in suing this woman for defamation - it would cost a fortune in legal costs and defamation cases are notoriously difficult. Best way to get back at her would be to put in a complaint to the police about this and see if they will prosecute her for wasting police time, perjury and malicious accusations. They can definitely prove she lied to them.

Also, you should bring a complaint against the police for wrongful arrest. An arrest record can cause problems - see earlier in my thread. it sounds as if you should never have been arrested at all, but should have been asked to come to the station voluntarily to be interviewed.

I am now pursuing a complaint with my MP's help and hope to get my arrest ruled unlawful. You should do the same to ensure your name is fully cleared. Look up you MP on the House of Commons website and find out when their next constituent surgery is.

can't carry on I not sure what to do first but have been watching your thread as somebody linked to it for me when all mine was happening. Solicitor has advised me to go to police about this woman too but if I do that don't know how it will affect me if i go for wrongful arrest. My head is buzzing and sure yours is too

The wrongful arrest is a complaint about how the police handled the investigation. You can get help with that from your MP. Getting this woman charged with wasting police time etc is for the police to pursue- not sure if you can insist on anything but may be worth talking to your solicitor about. It is a separate matter to getting the arrest taken off your record.

Anyway, give yourself a few days breather, there is no rush!

I've been following this cantcarryon and I'm so pleased at this news.

Great news Cantcarryon! You must be relieved.

Did the police indicate why they had discontinued the investigation? An explanation would be useful (preferably in writing), especially if it involves them stating whether they believe it was a vexatious allegation.

If the police are unwilling to provide an explanation, you can ask for a copy of the investigating officer's report under a subject access request (Data Protection Act).

I really hope all goes well with the tribunal - don't forget to keep diaries of how this is making you feel, you will still probably have up and down days, especially as these things can drag on for a while (sorry to be glum after such good news).

Have you any idea of a possible timeframe for the case at tribunal?

cantcarryon
I was thinking of your case recently and wondered how you were getting on. How did the tribunal go and did you manage to get your arrest ruled unlawful and your DNA wiped? Hope it's all OK with you and that you are recovered from a nasty ordeal.

hi there cantcarryon
it's been a while since anything was posted on this thread, but you may find this case useful, if you haven't already got your arrest ruled unlawful: www.bailii.org/ew/cases/EWHC/QB/2011/773.html
Mark Richardson v West Midlands Police
Some much needed case law, at last.
I have had a similar experience to you. I hope you managed to sort things out.