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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My son is a Court Manager Housing Association. He was

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My son is a Court Manager for a Housing Association. He was seriously threatened by one resident at a meeting (witnessed by other residents). He was then verbally abused and threatened by the wife of the man and her friend who is also a resident. An incident form was processed by my son and his manager and the residents were issued with an ASBO. They complained and said my son was incompetent. My son's manager then interviewed both couples for 3 hours (in their flat with no witnesses) and they made a claim to her that they thought my son had not paid in money received from residents relations who had stayed in the guest flat. My sons manager and her manager then arrived at my sons office and checked his diary. They found four occasions (after the ASBO order incident) when my son had written down that guests were expected but no money had been paid into the bank after their stay. The people concerned were relatives of the residents who had been given the ASBO. My son pointed out that the bank account showed all monies had been paid into the bank for the past two years prior to this (November/December/January 14/15) and receipts given. My son maintains that although these planned stays were written in the diary he never received any money and assumed the relatives concerned did not stay. He normally would go through his diary in January, check it out and follow up. However, he is not always on duty when planned guests stay and would give the key out to the person who booked the flat - they then either give the key back to him with the money, or if he is not there put it through the office door letter box. He has never been advised by his managers to keep a separate account book/diary for these bookings. He feels he has been set up by the people who got the ASBO. The only proof he has that he has not taken any money is that no receipts have been given out for money which may have been paid. As three of the bookings were for times he was not on duty, he feels he is being made to look like a thief. He has been suspended, can contacted his Union rep and is awaiting a meeting with a senior manager. He does not know where to turn for help as he is worried that he will be dismissed for gross misconduct and lose his career over it. It is very clear that these allegations have only come to light since the ASBO's were given. These people have made his job hard through bullying and pressure. One of those concerned has a history of imprisonment for GBH and said "I will get you back for this, wait and see, you will lose your job". He has also been abusive towards my son calling him "queer" and telling him to "man up". I am so worried as my son is now stressed and depressed over it all. Whats the best way forward please?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Have they breached the ASBO and if so has there been any application for breach?

Customer:

It is not a asbo from police but from the housing association. If they get 3 they could be dc

Customer:

It is not an asbo issued in law but by the housing association so it is a first warning. If they get 2 they risk eviction.

Alex Watts :

Ok, is the employer doing anything about it?

Customer:

It seems not - my son has now been suspended for suspected theft and is awaiting an interview with a senior manager next Wednesday. The two managers who went through his accounts and diary on the say so of the 2 couples who got the warning. The accounts are perfectly in order right up to the time just after the attack at the meeting! The office diary showed 4 bookings in from October - January which if paid would have amounted to £140. However, no money was ever given to my son by the residents who supposedly booked it. Keys are given to residents to let their relatives in to the flat when my son is not on duty (weekends and evenings). The residents concerned on 3 of these occasions were the ones who received the warnings. The 4th was for 7 days stay at £10 per night and as far as my son is concerned the relative who booked it said was her sister had cancelled. He denies ever receiving any money and no one can produce a receipt (which he always gives). There is a receipt book with copies which verify this. They asked my son why he had not crossed the bookings out in his diary, but he never has and there is no special bookings diary. His managers do not seem to be doing anything about the fact that he has been bullied and discriminated against for the last 4 months. The reason the resident got angry at the meeting and tried to punch him was because a gardening contract had been given to a new company, not his friend. He feels he is getting no support from the Housing Association management, just being hounded. The two couples concerned run the residents Social Committee and most of the residents dislike them but on the other hand seem afraid to do anything to upset them for fear of reprisals. The bookings we are talking about were for the grandson of one of the couples to stay on two occasions on a Saturday night after a Darts competition held by the Social Committee when my son is off duty. They have been trusted with the key to the flat and would in the past have given my son the payment with the key. As they did not give him payment on these occasions he assumed the flat had not been used. Sorry this is long winded but the thing is it looks like these two couples have made the whole thing up to get him into trouble.

Customer:

My son has a meeting with his Union rep on Monday next.

Alex Watts :

To confirm the people have breached their tenancy agreements?

Customer:

no. I hope i get a refund you are not answering

Alex Watts :

Hi I am here.

Alex Watts :

I am here online and to help.

Alex Watts :

What is it you want to achieve?

Customer:

Hello, We want to achieve acknowledgement that there is no theft involved at all, that

Customer:

That there is no case regarding theft

Customer:

To be able to continue with the employment/job

Customer:

To have mediation with the residents who received the warning

Customer:

Now have the benefit of a union rep who is attending a meeting this morning, he is of the opinion there is no proof re these allegations. The main worry is that a dismissal for theft would ruin my son's career and it would be impossible to find other employment.

Customer:

Are these messages completely confidential

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. I can see that your son is in a difficult situation. Please would you let me know what you would like to know about this? If you can ask specific questions it will help me ensure I give you an answer that you will find helpful.
Customer: replied 1 year ago.

Today he is at a meeting with his company, accompanied by his Union rep and they are hoping that the situation can be resolved and that my son can go back to his job. My son has been bullied and threatened by the residents who received the warning and they have made his life difficult ever since last October.

Expert:  Jenny replied 1 year ago.
Ok thank you for clarifying the position. Please can you tell me what you would like to know about this? Do you want information about his employment law rights? Or do you want to know if he can take action against the residents?
Customer: replied 1 year ago.

No more questions thanks.

Expert:  Jenny replied 1 year ago.
So you do not want help with this?
Customer: replied 1 year ago.

No, thanks. I have finished.

Expert:  Jenny replied 1 year ago.
Ok good luck then.

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