Employment discrimination over false allegations

[slowdown73]

Hi,

I'm in the process of looking for work following my ordeal of being falsely accused. Fortunately, I was never charged and only ever interviewed under caution but I've been told by the Police it may show up on an enhanced DBS for certain jobs such as working with vulnerable children and adults.

I'm worried about being discriminated against when applying for jobs. It was a very serious allegation albeit no truth to it but I work in social care and any allegation like that is highly damaging regardless of a positive outcome. Has anyone experienced direct or indirect discrimination? How do employers generally react when you tell them? I feel awkward bringing it up because it's just a sensitive thing to be accused of and humiliating too.

[Franticwithworry]

You can apply for your own enhanced check so that you can see what shows and what doesn't, and you can ask your MP for help in asking the Chief of Police to authorise its removal if you were only interviewed, from what I've seen of the advice on here.

Have a deeper search on the site, and it's likely others with greater knowledge than mine will come along and give you some direction too.

It's a horrible situation to be in. I believe strongly that if NFA is decided on, NOTHING should be on your record unless and until there is evidence to proceed, and there should be automatic steps to put things back to where they were. Anything less gives the impression that the government wants every person in the country to have something on their record, proved or not, on a 'just in case' basis or something equally spurious'.

[slowdown73]

I've already been to my M.P. but she was pretty useless. She never even got a reply from the Police. The Police have told me its a set procedure and it's likely to show on an enhanced DBS under the additional information section. They have confirmed there is no evidence to support the allegation apart from my accuser's statement which is unsubstantiated. Furthermore, I have submitted evidence which undermines the allegation and has led to him being under investigation for fraud which will also look at whether he has perverted the course of justice. The LADO for my previous employers deemed the allegation as malicious; for people who aren't aware a LADO deals with the overseeing of allegations made against professional people. Very few allegations are deemed malicious by a LADO unless there is specific evidence that relates to a malicious allegation being made. The LADO process is also very much informed by information shared with the Police.

The Police have stated that although the LADO found the allegation to be malicious, they are unable to do so at present due to insufficient evidence and the fact they work on a higher legal threshold than the LADO. However, they have acknowledged that the evidence I submitted certainly calls into question the validity of the allegation so they have agreed to include supporting information together with the allegation on my DBS which states it was found malicious by a LADO. However, for me this is simply not enough - I have challenged the Police over their attitude by asking what is the purpose of the allegation being on my DBS when I have not been deemed a risk by the LADO but the chief inspector keeps saying it's a set procedure and he has no authority to intervene which I find very hard to believe given his senior role. This is simply not enough for me given the seriousness of the allegation and the potential for it to impact on my ability to secure employment in the future and fact I am completely innocent and have to go through the trauma of explaining the allegation every time I apply for a job.

I've asked my M.P. for further advice but she doesn't think she can help me. I don't know where else to turn but feel so angry about the whole thing. Some employers have been quite supportive when applying for jobs but others have appeared sceptical and cynical of me.

[Franticwithworry]

MP's! Grrrrr! Some of them leave me speechless. Perhaps it would be worth writing to the Chief of Police yourself with all this? From what I understand, that's what an MP would do for you if she felt so inclined.

Hopefully Rights Fighter will come along later with her thoughts on this. She's ace. :-)

[slowdown73]

Just thought I would update you all. I've been doing some research on how the Police decide what to include on a DBS (criminal record check). The home office website refers to Statutory Disclosure Guidance document and Quality Assurance Framework which explains the decision making process.

The disclosure guidance states information must be seen as coming from a credible source and they must consider any circumstances where information might not be true. It goes on to say allegations should not be included without taking steps to establish whether they are more than likely to be true.

In relation to the QAF, the substantiated section states if there are untoward circumstances to believe the information might not be true or lacking in substance, that it would be disproportionate to disclose, then it should not be disclosed. The weight of evidence is set at a low level below the balance of probabilities.

Having read all of this, I've decided to wait and see whether the allegation is disclosed on my DBS and I will make an appeal if it's included on the following basis;

* A LADO has deemed the allegation as malicious; which is a process informed by the Police and uses on the balance of probabilities as legal threshold

* My accuser is under investigation for possibly committing a criminal offence which is directly related to the allegation

* The police have told me in writing they have serious concerns about the validity of the allegation and the evidence I submitted significantly undermines the allegation

* The Police have acknowledged in writing there is no evidence to support the allegation apart from his statement and this is unsubstantiated

* My accuser is still abroad and has failed to return home to answer further questions by the Police

I think I have a strong case for appeal but I'm not going to hold my breath but I certainly won't give up without a good fight as I'm 100% innocent and believe this is incredibly unfair, discriminatory and so damaging.

[slowdown73]

I'm pleased to say the false allegation hasn't been included on my DBS. I would encourage anyone else who is having problems with disclosure of allegations to check out the guidance on the Home Office website and make an appeal if necessary.

[Franticwithworry]

That's excellent news! Really pleased for you!