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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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Good afternoon, A brief question . i had an accident

Customer Question

good afternoon,
A brief question for you.
i had an accident at work, the risk assessment for the work I was undertaking was not completed correctly nor accurately. I have that copy of the risk assessment.
As a result I was off sick and subsequently dismissed due to ill health and incapability.
when I put in a claim against my employer, and another party, I subsequently recieved a risk assessment which was different to the original one from my employer. It also had a forged signature on it. I know this as I have a statement from the man who's signature it supposed to be, stating it is not his. I also have a defamatory letter, unsigned which is based on a original letter I received signed 2 years prior.
As this is an evident case of fraud, forgery and liable from a employee in a government department, surely this amounts to misconduct in public office? I have pursued this as far as I can take it. Even the unions, who tried to fight the case on grounds of whistle blowing, did make a pretty poor representation of my case. IS there an ombudsman for government departments I can take this to? Or should I go to the press? Thank you for your time
Shandor
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Do you believe that you were dismissed as a result of raising this issue?
Customer: replied 1 year ago.

Hello Jenny,

I do believe that raising the issue was part of the reason for my dismissal, however there is significant evidence to indicate a hidden agenda, as the accident occurred in 2013 and I was dismissed in 2015. Considering the forging of documentation took place in 2013, and appears to be done by a manager, also the employer, at subsequent meetings was not able to provide any evidence that policies ie being treated as disabled, recommended by occupational health, was followed. it is also documented that the manager stated he would put together a back to work plan and submit it to me. This was never done. This same manager was involved in a lot of decision making over my future and the investigation of my accident. He is even documented stating the accident was not my fault and I done nothing wrong. The most concerning part of all this is all the evidence I gathered, had come from my employers solicitors to my solicitor. I had absolutly no oportunity to creat or change anything.

I hope this helps?

Shandor

Expert:  Jenny replied 1 year ago.
I am sorry I have been offline for a few days would you still like help with this?
Customer: replied 1 year ago.

Hello,

I am disappointed in the response to my query. The facts have been laid out and the question regarding what direction to take has been avoided.

I am slightly concerned the way this has been dealt with, that it is a scam.

Expert:  Jenny replied 1 year ago.
Hi there it is not a scam, I was just unable to answer straight away as I went offline.
I'm not clear what stage in the process you are, when were you dismissed? You say that the union made a poor representation in your case, can you tell me whether this was at appeal or whether you have already taken a claim in the Employment Tribunal?
Customer: replied 1 year ago.

My employ was terminated on 29 march 2015. the unions had appealed this, and even cited whistleblowing and the management rejected this. I then asked the union to take this to tribunal and their solicitors. The solicitors (Thompsons) said it was a weak case and would not be interested in it. The time to log an tribunal had expired so I no longer have that option, even though I have a signed statment from the man who's signature was forged stating it was not his signature and had not seen the paperwrok in the first instance. Incidently, when i passed the original evidence to my employer, they had intervieded the man who's signature was forged, before my appeal was heard, and when it was raised at my appeal, because I had not formally logged it with them, they refused to inform me of the process of it.


 


The police are supposedly looking into it, after I provided them with the new evidence. To date, i have had not response from them.


 


I am in a situation where a government department, had not carried out a risk assessment, and I was subsequently injured, then falsified documents to cover this up, (involving forged signatures and liablous letters) and dismissed on grounds of ill health and incapability. IT seems very likely that they have botched up, covered up and got rid of the problem ie me.


My life is now ruined, and they have got away with it.


My current solicitors are not interested in the fraud ect, they are just interested in getting a medical assessment of my case and making a claim. Yes, this information will form a stronger claim in my case, but I still feel that they have got away with it. As I was on the lower pecking order of things, should I ahve forged the documents ect, I would have been fired and no doubt prosecuted.

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