Advice needed please.

[just_bcoz]

Hi I'm new to this forum, but need advice.

 

I'm in the process of taking my company to an Employment Tribunal, dates have now been finalised.

 

It started when I received a letter in September from them stating that they were suspending me with them looking into gross misconduct that money had been claimed under false taxi receipts by me.

 

I then resigned the following day as I was not going to wait to then be sacked over false allegations and have subsequently taken them to a tribunal for constructive dismissal.

 

They have in the meantime gotten a handwriting expert to investigate the signatures on the "chits" and there seems to be 3 types of signatures.

 

What I am asking advice on is that, if I've not heard from their solicitor (via mine) by now regarding criminal proceedings over this, is there a time limit on how long they have to bring criminal proceedings if any and will a handwriting expert's report stand up in court?

 

I'm at my wits end over this, I've been wrongly accused of something, my reputation has been badly affected, it took me 4 months to get another job and even now I have a job in another field to which I used to as they would not give a reference to any agencies/prospective employers.

 

Any advice greatly appreciated.

[R&J]

Any advice?

 

The overwhelming majority of people who run the Constructive Dismissal argument fail.

 

The employee basically has to show that there was no way whatsoever they could continue in their job. A good example of this would be where they had been physically assaulted at work.

 

On the brief information you have given I would suggest you would struggle to get home on Constructive Dismissal, since your employer would argue you were suspended pending an investigation and took it upon yourself to resign. Nevertheless this does not constitute formal legal advice, as there are going to be facts in this case that you have not posted.

 

Is your Solicitor doing this on a NWNF or are they charging vast amounts upfront? If the latter I would strongly suggest getting a second opinion before paying any more.

[just_bcoz]

He's doing it on a NWNF basis but has very high hopes that I will win as we are going down the lines of constructive dismissal on the grounds of religious beliefs as also I had been bullied in the job by my former boss regarding this. Me being accused of these allegations were the last straw.

[R&J]

Good luck, keep us updated.

[just_bcoz]

Thanks will do

[just_bcoz]

Advice still needed on the criminal aspect of my thread please, thanks

[R&J]

Oh, sorry, totally forgot that bit.

 

There is generally no time limit on criminal proceedings. In any event they could not initiate these on their own, unless they bought a private prosecution, which is very, very expensive.

 

It would have to go down the Police / CPS route, and they would not touch it unless it was a nailed on cert to get a conviction. You would probably get a phone-call or visit inviting you to 'assist the police with their enquiries' initially.

 

There is however the old adage of nothing to hide nothing to worry about, so you are not worried, right? ;-)

[Uncertain]

As far as I'm aware there is no time limit in the UK to bring criminal charges. For example you read from time to time about advances in DNA making it possible to charge somebody for an alleged crime committed 30 years ago!

[R&J]

The only way I see any time limit on criminal proceedings would be if someone ran an argument that by bringing criminal proceedings so long after the event it would prejudice your right to a fair trial.

 

So if the police rock up at your door about this in 50 years time you would probably be ok.

[just_bcoz]

No I'm not worried but they've been so horrible to me that I wouldn't put anything past them, I've nothing to hide so I'm not at all worried, thanks!!

[just_bcoz]

Thanks to all, tribunal dates are in July, but I'll let you know the outcome!