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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47351
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Dear Sir/Madam i am working as a security officer 8 and half

Resolved Question:

Dear Sir/Madam i am working as a security officer 8 and half year. My employer put serious allegation without any proof or evidece that i send threating letter, which i did not send 10ion0% even my employer went to police station and pollice told me that security employer told to us that An allegation of malicious communication has been made to police by security company.The allegation relates to letters being received by the company and members of its staff which are threatening,abusive and insulting.It is belived by the company that the letters have been sent by you due to several reasons including the similarity between the handwriting on them and your own.As disussed it is important that incidents stop immediately.They amount to criminal acts which security company would like to resolve without further police action.This matter will not be taken any further but if you wish to me again please call on the phone no provided.Dear sir/madam this is totally false allegation on me i can prove i rang to police again and told to him have my security company any proof or evidences police told no how on earth they put serious allegation on me without any proof or evidence than police told me do you know if any body sending threatening letter and I was gutted that first they accused me that i am sending threatening letter this is 100% liable case or slander to me since this incident happened my security company giving less hours of work delibertly after 8 and half year working. i raised Grievance meting i attend Grievance meting and my security company not giving me clear answer about this matter since polce send me letter i went next day to policestation and gave letter that i am challening to my security company that they have to come proof or evidence my security company,which they put serious allegation.Before this incident my security company without diciplinery letter took my interview and force me to confess that i send threatening letter and my manager told me that on threatening letter in one line you a is matching not full sentance than they told me after fue line left your b is matching not full paragraph or sentance this is purely harrasment and i told to them i do not why you called me for intervie i have not any clue and i told somant times that i did not send any threatening lettrer Dear Sir/Madam i have got all proof or evidence against them i want to sue my employer but i do not know how?All proof or evidence available.One think i learnt i keep all proof and evidence which i learn where i work law library for alltogather as security officer and time to time i spoke to law student and they told me keep all evidce on safe side judge look only evidence not what you say or your company that i kept all evidence this 100% persent true story that my company put serious allegation about thretenting letter false allegation i need your support and i am not reach man i can consider no win no fee.my email address***@******.*** and telephone no XXXXXXXXXXX Snice i suffred so much my child my wife also suffured so much and i do not what i will do next?And i explin other most important why? my security company is doing with me my team leader giving me work job time to time less work delibetely on discimination base all evidences and much more availalble this grivevance raised 3 july 2013 and i have not got any answer and i want keep my job but still they treatingle case ll me diffrenetly and i decided to contact you for liable or tribunal i have got somany evideces against my security company about others how i suffred because i did argument with my team leade that why you giving me less hours of work and other seurity officer giving more work hours this is one reason to remove me from my job but i have got solid will power Dear Sir/Madam if you give me chance i wiil come with all my documents and contact of employment.Thank you. Kirti XXXXX.

Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Can you please confirm what the company has actually done to you - have they disciplined you, dismissed you, just made allegations against you..?

JACUSTOMER-5n2otvul- :

just made allegations but on work treatment bad example giving less hours for work

Ben Jones :

Are you guaranteed any hours at work, for example in your contract?

JACUSTOMER-5n2otvul- :

my hours of contract 48 hours at the moment giving 48 hours but time to time giving 33 hours i raised complain no answer on dicrimination base and now now where i work night will closed and i know what they will to me and i am ready to work daytime my company told me we are not giving and end of month they might put response officer means no guarantee of work compant told me we wiil put you some place my main question is they put serious allegation without any proof or evidence about threating letter so i can apply for liable.Thank you

Ben Jones :

Why do you think there is discrimination - on what grounds?

JACUSTOMER-5n2otvul- :

in the past my team leader gave me less hours which i raised by pop law solicitor that they look all my evidences and made Grivance letter to my employer but i have not got satifaction answer i attend somany times Grivance metting my security company not giving me satisfy answer and now i am working only last two month my security company stated to give me 48 hours work before 5 months giving me 33 hours for 5 months and i complaine which i have got proof when moblie supervisor came on my security company official papaer writing down that why dffernce hours two security officer get more hours and me getting very less hours i took photo copy of that report so time to time they decrease my work of hours sometime increase same work same place.pop law solicitor told me your case is strong but you need good employment solicitor.If you give me chance i wiil come with all evidences i mean i suffred discrimination since 2010 april when i transfered TUPE from one company to my recent employer i have got other evidences for discrimination if you give me chance and show you recent discrimination and past discrimination by recent securiy company.

Ben Jones :

are you an employee, agency worker or self employed?

JACUSTOMER-5n2otvul- :

I am a employee for 8 and half year full time for security company ,i have got contract of employment and recent employer give me three diffrent contract no 1 60 hours terms time only which i am not at the moment than they send me another contract o hours and recently they send me 48 hours contact all writing by security company available.Thank you.

Ben Jones :

OK thank you, ***** ***** it with me. I need to look up a few things and then get my advice ready. I will post back on here when done. There is no need to wait and you will receive an email when I have responded.

Ben Jones :

Thanks for your patience. The fact that the employer has made an allegation against you that may not be true does not automatically mean that you can take any action against them. They may have had in formation to make them believe that you may have been guilty but the key is that no formal action was taken against you and that you were not disciplined or dismissed. Had either of these happened, then you would have been able to consider taking further action against the employer, but in the circumstances you have made the most you can which is to raise the formal grievance. The next step would be to resign and claim constructive dismissal but at this stage you may wish to hold back because it is quite a risky move as you can imagine, because you will be giving up your job to pursue something that cannot guarantee you will win.

In terms of the hours given to you, that would very much depend on your contract and what that entitles you to. For example if you had a 48 hour contract which guaranteed you these hours, you would expect the employer to follow that and to give you these hours because if they do not it would amount to breach of contract. So if the employer has acted in breach of contract you can again consider the grievance route but after that you are again only left with the constructive dismissal option where you have to resign before you can claim.

Another option in terms of pursuing any lost money from the cut in hours is to claim that not paying you for the guaranteed hours you have under contract amounts to an unlawful deduction of wages. This is a claim that can be made without having to leave and you would be claiming for the unpaid portion of your wages, depending on what you are guaranteed to receive and what you have actually been paid.

JACUSTOMER-5n2otvul- :

Hi Ben Jones please I did not understand fully that await for answer.How long I have to wait please let me know.Thank you.

Ben Jones :

my answer is above, what do you need me to clarify?

JACUSTOMER-5n2otvul- :

yes 48 hours but my main question can I raise liable because my security company put serious allegation on me that i am sending threatening letter which i did not send they have not got any proof or evidence and my security company told to police and i explain police and told me this is now civil matter and other policestation told you contact employment solicitor that your employer delibertely doing this.

Ben Jones :

Libel? No, do not get involved in that - this is very, very complex and expensive - you are looking at spending over £10,000 on a claim that you can't get compensation for unless you can sho you have incurred losses as a result of the employer's actions - it is definitely not worth it

JACUSTOMER-5n2otvul- :

Thank you.

Ben Jones :

You are welcome

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