Can anyone help?

[sad person 6]

Once someone has been convicted and sent to prison what would you do about there employement.I no that they would be terminated but does anyone no anyone thats been in this position
Thanks in advance

[Saffron]

Hello

Once someone is convicted of an offence and sent to prison, the likelihood is that their employer will terminate their contract on the grounds that the individual can no longer fulfill their work commitments.

By law, and employer cannot terminate the contract of employment because of the conviction (unless the person works in an industry where a clean record is essential, eg: the legal profession, working with vulnerable people, police force, etc). However, they can terminate the contract if the individual concerned can no longer fulfill their work obligations. In this case, the convicted person would be paid notice and any outstanding holiday entitlement, unless they were dismissed on the grounds of gross misconduct.

Once the convicted person is out of prison, their probation officer should be able to provide help and support in finding suitable employment. However, my own experiences with probation officers have been negative to say the least!

If you feel that the dismissal was unfair, you are still entitled to take the matter to an employment tribunal, regardless of the conviction. However, if you want to do this, you must apply to the tribunal courts within 3 months of the date of dismissal.

I hope this answers your question. Feel free to ask if you need more information. Hope you and your brother are doing OK. Hang in there.

Saffron

[sad person 6]

Thanks saffron his barrister has now put in for a appeal but we have been told it can take 6 months to a year thats if its succesful so he will be into his sentance by then.ive been to see him it is just so sad he looks so ill but all he can do is keep his chin up all his family and friends are supporting him which is good.thanks again saffron

[Saffron]

Your brother is very lucky to have such great support.

I know it's a cold comfort, but I do know what you are going through. Do you know what his sentence is yet? Thinking of you, big hugs x

[sad person 6]

He gets sentanced on the 26 august but he been told he looking at 4 -6 years its so bad we can not believe whats going on.Thank you for your kind words
x

[karen]

I?m so sorry to hear what your brother and family are dealing with. We?re currently waiting for trial and I don?t even want to think about what happens if they wrongly convict my brother. My thoughts are with you - I?m sure you are living an absolute nightmare but stay strong and continue to give support. God bless.xx

[sad person 6]

My brother got sentanced on 9/9/05 he got 6 years he will serve 4.The barrister has now put in a appeal he said that if after going to the first judge they say no he feels so stronge about my brother that he is prepared to take it further free of charge.This has given use some hope.All we pray is his appeal is succsessful

[Saffron]

I'm so sorry to hear of the sentence.

However, it is great that your barrister thinks you have grounds for an appeal, and it certainly sounds as though you have good legal representation.

If there is anything I can help you with regarding prison systems/visits, etc, please ask. Your brother is lucky to have such great support from his family.

Thinking of you.

[sad person 6]

Thank you saffron x

[sad person 6]

We have a very good barrister he is from a london chambers.He has been so good not just to my brother but to all the family,saying thank you to him just does not seem enough he has been so kind and supportive.All my brothers family and friends were in court to see he sentanced the judge even remarked on all the support that was in court for my brother there was not one person in court for the victim not even the victim herself.I thought that if my brother had raped her someone would have been there to see him go to prison to see justice done.We never have done and we never will believe her we will be there every step of the way for him he does not deserve this.

[Saffron]

Interesting, isn't it, that her family weren't there? the exact same thing happened at my husband's sentencing. Our entire family were there, parents, siblings, in-laws, aunties and uncles. His accuser didn't show up, nor did any of her family. In fact we were the only ones there. The so-called "victim" didn't even bother to turn up for her "victim impact report".

thinking of you.

[sad person 6]

Same as that saffron she did not make a victim impact report either.It makes me really mad,She has ruined my brothers life but he has not lost any friends or family and his job is waiting for him when he is let out of prison.He will lose so much of his childrens life they get to see him twice a week thats not much but he can ring them monday -friday.We are all here for him he knows that but its not the same as him being at home.
Thanks again

[June]

so sorry

hi sad person
im sitting here crying to what you have went thru and a dont no how you cope with it all im going thru it all with my brother and if im honest a keep thinking justice will be done but reading this page its not that simple a have read the sentancen your bro got and im shocked a never knew it would every be that long a thought 2 -3 years like every one on this page we walk about numb thinking how can a woman ruin our familys life ..what rigth do they have ?? why should scum be able to walk the streets after the hell they put us thru
its just no right the law is a big big failure
take care

[friday]

the legal system in this country is a disgrace. glad to hear your brother has a good barrister and lots of support from his family.

i just wanted to point out that there are very good reasons why victims' familys and the victim wouldnt come to the sentencing:

1) because seeing their rapist would be too traumatic.

2) they may not want there family to have to hear all the disgusting details of what happened because it would really upset them (not that knowing someone you care about was raped isnt traumatic enough but hearing about unneccessarily violence and how much pain they were in etc arent necessarily essential to being able to support the victim)

3) they would have to sit in the public gallery and see the defendants family which could be difficult as well as possibly dangerous if they decided to seek revenge for sending their family member to prison.

4) if they have changed considerably since the rape then they may not want the defendant to see how they now look for fear he may seek revenge when he is let out.

i know that these would be the main reasons i wouldnt go to the sentencing if he got sent down and no one i knew sat through the case since it would have been an unnecessary trauma for my mum and sister and had they sat through the case i wouldnt have been able to speak to them when i had my breaks which were the times i was most distraught. it was actually the police who suggested my boyfriend sitting in the witness care unit.

not saying that you are wrong to question why the victim and family werent there (especially since in your cases the victim wasnt really a victim) but i think you should consider that there is more than one right way to support someone through a trial and to cope with ordeal of being involved in a trial.

[Saffron]

This isn't about not turning up to sentencing, it's about not making a Victim Impact Report.

The VIR is done at a different location and at a different time, and the prosecution barrister reads it out (I think, although it may be the judge who reads it out). The idea of the VIR is so that the judge can ascertain the impact the attack has had on the victim, which obviously has a bearing on the sentence the judge passes. It is an opportunity for the victim to have her/his say on exactly how the attack has affected their lives - I would certainly want to have my say if my rapist was being sentenced. And as I said, the victim makes this report at a different location, at a different time to the sentencing. If your rapist had been found guilty, wouldn't you have wanted to make sure he went away for the longest possible time? The best way of doing that is by making a Victim Impact Report. So surely it is strange that in my case, and SadPerson's case, the alleged victim couldn't be bothered.

I do acknowledge that the justice system is totally skewed, and leads to huge injustices on both sides, not just the falsley accused, but the genuine survivors as well. I am sorry that in your case, a genuine predator was released. In fact, it infuriates me, especially as my husband was one of those unfortunate people who was wrongfully convicted. But you can take comfort knowing that if your rapist attacks again, the fact that you had the courage to take it to court will show up and count against him. Nowadays previous charges/convictions are revealed to juries before they retire to consider their verdict. I know it is cold comfort for you, but you have at least made sure that if/when he does it again, your ordeal will not have been for nothing. And you may still get to see him locked up for a long time.

wishing you well.