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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69254
Experience:  Over 5 years in practice
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I have been assaulted at work by a female member of Staff over

Resolved Question:

I have been assaulted at work by a female member of Staff over a disagreement on the employers work invoices.
I was taken to hospital and she was arrested by the Police. She admitted assaulting me and was later released by the Police on caution since it was a first assault.
When she returned to work, she told Management and other member of staff that I had sexually assaulted her by touching her bum/bottom before she assaulted me. I denied the allegations but the company still dismissed me from role on her allegations.
I have been working at the company for 6years and now I can not obtain good references for future employment. I want the female member of staff to retract these false malicious allegations.
I wanted to know what remedy people in my position ( Falsely accused of sexual offence) can lawfully obtain ?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is your question basically about your employment position?
Customer: replied 1 year ago.

My main objective and question is for the false accusations withdrawn or retracted so that there is no blemish on my good name.

I want to know if there is a law or a court order I can obtain against the Female member of staff to force her to either apologies or retract the false allegations.

And if you can recommend good solicitors who can assist on this matter please help me with their contact details.

Expert:  Jo C. replied 1 year ago.
Do you have any evidence these allegations are false?
Customer: replied 1 year ago.

The evidence I have is that :

a. She admitted that for a month prior assaulting me and telling the false accusations, she was angry, deliberately avoiding and did not want to talk to me because of the work invoice disagreement where she felt I blamed her and lied that she made mistakes in her work.

b. I called the Police when she assaulted me and the police took her for questioning. The Police did not arrest or question me of any allegations of sexual assault and if her allegations were true and there was evidence of them, surely the police would have arrested me or at least questioned me of these allegations.

c. I worked with the female member of staff for nearly 3years and I had been with the company for 6years. In all those years of working together, I have never touched her, or anyone inappropriately and she confessed that I have never touched her inappropriately.

d. In all the 3years I worked with her she has n ever raised a grievance complaint against me nor any other female member of staff raised any grievance against me.

E. It is therefore very curious that she assaulted me and makes these allegations of sexual assault at a time she confess anger against me over a disagreement about the employers work invoice work. And also at a time she confess that she deliberately was avoiding and did not want to talk to me following the disagreement over the invoice work. The evidence I have and stated above points to me that she assaulted me and maliciously made these allegations against me to revenge the invoice work disagreement I had with her a month prior.

Expert:  Jo C. replied 1 year ago.
Yes, of course it give rise to an inference and, of course, this was revenge but that doesn't prove the allegation was false.
To whom did she admit it was false?
Customer: replied 1 year ago.

1. Firstly, I know that the allegations of sexual assault were false because I did not touch her or assault her as alleged.

2. Secondly, Management wrote to me that they have video evidence showing that I neither sexually assaulted her nor done anything inappropriate to her on the day she assaulted me.

3. When I was dismissed from my role, she called confessing to the false allegations. Unfortunately I could not record the conversation on my phone.

Expert:  Jo C. replied 1 year ago.
So, in short, it cannot be proven that this allegation was false?
You can give evidence on the point but no more?
If the evidence was absent then why did your employers dismiss you? What did they say on the point? They must have found something to support it.
Customer: replied 1 year ago.

The employers simply said they were dismissing me from my role because she had told numerous people that I had sexually assaulted her by touching her bum/Bottom. There was no other evidence they used except that they took her word for it.

My question is not with the employer's decision, it is with the principle person who made the false allegations. And I wanted to know what is legally available for me to make her retract or withdraw these false allegations. Once this is done, I am sure the employer will simply follow suit and retract the allegations against me as they dismissed me from my role based solely upon her accusations she told.

Expert:  Jo C. replied 1 year ago.
Yes, but it is not that simple.
To act against her you need to show this allegation is false which you cannot do easily at this stage. It is always very difficult to show that an allegation is false as opposed to just disbelieved anyway and, in this case, the employer has accepted it so the weight of the evidence is against you.
There is no way of ever making her retract allegations. Even if she is prosecuted for perverting the course of justice and sent to prison forever and a day she can still maintain the allegations. All you can do is act against her for doing so.
You could sue her in defamation. It is not a good idea because you have to prove the allegations are untrue which you cannot do at this stage on this evidence.
If you can satisfy a court then the allegation was without basis then it would be a malicious communication as well but that still depends upon you being able to get over that hurdle.
I suppose you could get a solicitor to write to her warning that you will sue her unless she retracts which might succeed. Equally it might cause her to dig her heels in even more.
Sorry if that is bad news but I have to give you truthful information.
Can I clarify anything for you?
Jo C., Barrister
Category: Law
Satisfied Customers: 69254
Experience: Over 5 years in practice
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