The end is approaching....or is it?

[HellandBack]

I work as a junior doctor in the ED department of a local medium sized hospital, and approximately 6 months ago I was arrested at work by a police officer from the child protection unit. I was immediately suspended from work pending the outcome of the police investigation.

My arrest was on suspicion of sexually assaulting an unknown child, on an unknown date, at an unknown time, at unknown location.

My house was searched, as was my car and person, and they seized all my computer equipment, pornographic DVDs, mobile phones, digital cameras etc.

I was interviewed with a solicitor present and issued a prepared statement denying any involvement in any offence and re-iterating my history of acting to protect children and vulnerable adults at work. In the interview I realised that my arrest was due to comments made by somebody (using a different name to mine) on an internet chat site, and that the IP address came back to me as the bill payer of the broadband connection at this address. This is why they did not have any victim details, date, time or location of offence etc.

All of my digital equipment was sent off for analysis, and I was bailed pending further enquiries. When I arrived to answer my 6 month bail date, I was informed that they had consulted the CPS who had advised there was insufficient evidence to pursue any charges and that my case would be closed with the police taking No Further Action (NFA).

After 6 months of complete hell, suicidal thoughts and watching my parents border on a total breakdown from these allegations, I was relieved that it all seemed to be over.

I contacted work who were very pleased and said they wanted me back ASAP due to short staffing. I was advised that they would arrange an Occupational Health appointment to plan a suitable return to work.

But then about a week ago, they changed their mind. They have now re-suspended me, pending an internal investigation and possible disciplinary action. I have also been sent another Enhanced CRB Disclosure to complete, despite the fact I already have one dated within the last 3 years. I have read trust policy which seem to suggest I do not need to complete a CRB if I have one dated within the last 3 years unless I am charged or convicted with an offence (which I haven't been). It also says that an internal investigation will only be launched if an external investigation results in a charge or court appearance (which it hasn't).

These allegations have no relation to my activities at work, and full assessment of my computer etc, has revealed nothing untoward.

I am worried that work seem to want to use these accusations as a reason to dismiss me. The CRB will put my return back by at least another 3 months, which is going to mean I'm 9 months behind with my training and will need to re-sit this year, costing me my normal pay rise & promotion.

I am very worried that the Chief Officer will disclose in the 'non-conviction information' section of the Enhanced CRB Check that I have been subject to these allegations which are linked to me, because it appears to be my IP address involved. Obviously I have been unable to see all the evidence or subject it to defence analysis as I have not been charged. Work could then suggest that I pose a 'possible' risk to vulnerable persons and that they have a duty to dismiss me to safeguard these groups, despite the fact I am innocent.

Can work dismiss me on the basis on non-conviction information where I have been NFA'd? I have been working for them for over 12 months.

The union have been not so helpful and just advised that they "doubt work could do that", rather than involve national employment law solicitors for their opinion.

Any advice from people who have been in my situation?

I'm also worrying that even if my current employers do not act on the NFA information, that future employers will avoid me and recruit somebody else, harming my employment prospects.

Just when I thought it was over...

[Faith]

Oh don't I know this one well.

On Wednesday, I was dismissed from my employment after an internal investigation, despite the police taking no further action and the ISA declaring me safe to work with children and vulnerable adults.

My employers launched disciplinary action after police disclosure said that while no further action was taken it was not impossible that the allegation was true.

I submitted a huge amount of evidence in my favour, against the statements of my accuser and her mother and the employer concluded that it was too heavy a risk to employ me, despite acknowledging that they did not believe that the allegations were true.

It is a back covering exercise, no employer wants to run the risk of being 'tarnished' with any kind of allegation of this kind, in case they get bad publicity. Media frenzies of missing toddlers, Jimmy Saville, runaway Maths teachers and care home scandals obviously don't help at the moment.

I know this is not what you want to hear but please prepare yourself for the worst outcome.
unfortunately, employers work solely on the balance of probabilities, as opposed to the burden of evidence.

This means that all they need is a doubt in their mind to have the grounds to dismiss.

At the end of the day, the employer will be out for their own reputation and it is highly unfair. The first step of the process is to attend an investigatory meeting, where you will be asked questions about the allegations against you. The employers will then decide if they are launching disciplinary action against you or taking no action. If they opt for disciplinary action you will then need to put your case forward at a dismissal hearing.

Keep a paper trail. All emails, letters etc should be kept for any future action you might be able to take regarding unfair dismissal. Contact ACAS, ensure you are represented and check minutes from all meetings with a fine tooth comb. if they are just a little bit inaccurate, do not sign them.

If it goes far enough, it might be worth contacting an employment solicitor.
Good Luck.

[HellandBack]

Oh don't I know this one well.

On Wednesday, I was dismissed from my employment after an internal investigation, despite the police taking no further action and the ISA declaring me safe to work with children and vulnerable adults.

My employers launched disciplinary action after police disclosure said that while no further action was taken it was not impossible that the allegation was true.

I submitted a huge amount of evidence in my favour, against the statements of my accuser and her mother and the employer concluded that it was too heavy a risk to employ me, despite acknowledging that they did not believe that the allegations were true.

It is a back covering exercise, no employer wants to run the risk of being 'tarnished' with any kind of allegation of this kind, in case they get bad publicity. Media frenzies of missing toddlers, Jimmy Saville, runaway Maths teachers and care home scandals obviously don't help at the moment.

I know this is not what you want to hear but please prepare yourself for the worst outcome.
unfortunately, employers work solely on the balance of probabilities, as opposed to the burden of evidence.

This means that all they need is a doubt in their mind to have the grounds to dismiss.

At the end of the day, the employer will be out for their own reputation and it is highly unfair. The first step of the process is to attend an investigatory meeting, where you will be asked questions about the allegations against you. The employers will then decide if they are launching disciplinary action against you or taking no action. If they opt for disciplinary action you will then need to put your case forward at a dismissal hearing.

Keep a paper trail. All emails, letters etc should be kept for any future action you might be able to take regarding unfair dismissal. Contact ACAS, ensure you are represented and check minutes from all meetings with a fine tooth comb. if they are just a little bit inaccurate, do not sign them.

If it goes far enough, it might be worth contacting an employment solicitor.
Good Luck.

Not what I wanted to hear but not entirely unexpected.

Oh well, I've got this far, and if they think they can dismiss me without an almighty fight on their hands, then they've certainly picked the wrong person to play with.

They've already gone against their own policy on 2 occasions, and I will use this as evidence of an abuse of process if it gets as far as an appeal.

[Faith]

Absolutely the right attitude, kudos to you my friend!

I have adopted a similar attitude...I think my employers were banking on me being soft and giving up...a year on and the fight continues...I have become stronger, and I seem to have a decent case for unfair dismissal

Never give up...that's how employers get away with cowardly behaviour...they hope that you will cave before they will.

[HellandBack]

Thanks Faith.

I don't suppose you know of any case law referring to dismissal of a current employee on the basis on non-conviction information? My research seems to suggest that it is controversial to deny potential employment on such a basis, so surely dismissing somebody who has been employed long enough to be covered by unfair dismissal procedures is going to be a fairly difficult task?

I will be able to appeal once only, any decision to dismiss me internally, to a different management board who have no involvement in the case. If that fails I will need to take the take to an employment tribunal. If that fails, I do not know where I can go, but I presume there is an option for Judicial Review at the High Court on alleged infringement of my rights under the Human Rights Act? It could then go as far as the European Courts of Justice, as my employer is a public body and obliged to respect my right to a fair trial, and no punishment without law etc.

I have read that some sites recommend writing to the Chief Officer once a E-CRB has been submitted to ask for an opportunity to review any proposed submission of non-conviction information prior to it's disclosure to the employer. Has anybody here had any success with that route?

I would also be interested in any recommendations of a good employment law & human rights solicitor should my situation progress that far.

PS: Faith, would you mind PM'ing me a copy of exactly what was revealed in your non-conviction info box on your E-CRB? I can then know what to expect, especially if it's the same force.

[RFLH]

I'm probably wrong - and I'm sure I'll be told so - but can you look into it being 'no crimed'?

[Rights Fighter]

They will only no-crime it if there is incontrovertible proof that it didn't happen. Bad character of the complainant is not enough, even if she has lied about a similar matter before.

[HellandBack]

They will only no-crime it if there is incontrovertible proof that it didn't happen. Bad character of the complainant is not enough, even if she has lied about a similar matter before.

What about when there is no proof a victim even exists?

[RFLH]

if there is no 'victim' - who made the complaint? (not saying there is, but your name can't have been plucked out of thin air - so how did it happen?)

[Rights Fighter]

Thank you RFLH.

I would think that the OP has to prove that no victim exists.

[Faith]

For obvious reasons, I am unwilling to post a copy of what was written on my eCRB. Suffice to say it went into unnecessary detail into the allegation, described what the 'victim' had alleged, and slid somewhere in the middle as an afterthought that there was no further action taken on evidential grounds.

Of course the damage is done.

As for writing to the Chief Constable, I have tried this and gotten no response after several months. Worth a try but keep the letter simple and stick to the facts, rather than being pleady and whiney. Might be worth contacting your MP.

[erin]

HellandBack,
Just curious can you still just set up an office and work for yourself no boss if your a DR?

[erin]

Im willing to bet -sadly.Without anyone telling me im wrong if somone is very wealthy and can buy influence they can get a no crime much easier
very Rich people could get the top QC or donate big to high profile politician.................maybe we all should but a lottery ticket

[Faith]

Well you mention the word lottery...thats really what the info on the CRB and PNC is. A lottery based on one person's opinion and often as a result of their own personal career agenda.

The system needs an overhaul drastically but I can't ever see it going in favour of those of us who are genuinely falsely accused.

[lawlessone2009]

HellandBack:

Welcome.

I really respect the composure and information within your postings! Detailed and well laid out. You've clearly been to hell and back and fought every inch of the way. The information that you are sharing and the areas where you are seeking answers are bang on the ball. You've done a lot of research in a very formal and practical manner and I really do appreciate your posting and the subsequent information that is contained in the numerous replies back and forth.

The crunch of the matter is the same as that of a speeding motorist:

"What if................."

ANY information CAN be used against you. Your employer has received information and suspended you, they now need to carefully consider what happens next. The question they will consistently ask is 'what if'.

"What if......... the allegation is true"

It does not need to be true in any manner at all but the problem is "what if"...

In an increasingly screwed up country like the one where we live where the law is so distorted and, frankly, falling over itself in order to still have some kind of meaning we are all being ground down and disadvantaged at every turn. You are an innocent man as the law has not found you guilty, be that through the lack of evidence or through a jury trial but that does not prevent them from tarnishing your reputation. Any dissenters from the state enforced control mechanisms, even if they are collateral damage, will be quashed! It does not matter what 'level' they are at in society they will fall on the sword the same as everyone else.

You have mentioned many avenues that are worth exploring, human rights etc, but unless you have an endless supply of money you will ultimately fall just like every other man or woman who wishes to take on the state. The few that do succeed have short lived successes for the state merely moves the goal posts or changes the rules.

By all means be angry, fight as long and as hard as you can but if I was you I would be ensuring that I read up on employment law and nailed the buggers at a tribunal. Take the compensation awarded and retrain as something that does not involve eCRBs or leaving yourself open to the petty and unjust whims of the state and their employers.

The immediate battle you have in front of you is to keep your job. Faith clearly has a wealth of knowledge and experience in this area and is an ideal candidate for answering any of your queries. I would fight tooth and nail to keep your job but if you loose that battle then a tribunal is the only avenue I would go down as all of the others open you up to public scrutiny (reporters LOVE European cases!) and drains on your finances.

I feel terribly sorry for you to have found yourself in this unfortunate situation. This country desperately needs doctors who WANT to be doctors and your analysis of your situation and your answers clearly show that you are one of the people that should be employed and helping the needy. Take a little step back, review your life plans and see what room for change you have should things not go in your favour. Don't cut yourself up but ensure you have a "Plan B" just in case, you never know it may just be better for you than "Plan A".