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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69507
Experience:  Over 5 years in practice
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There, I was a victim of falls accusation from my Employer.

Resolved Question:

Hi there,
I was a victim of falls accusation from my Employer. I was acquitted from Court as not guilty on the 26/06/2012. Since then, I have been so traumatised and in Doctor's treatment. I could not work up till now. I want to claim compensation before it is too late.
Please, kindly advise me how I should go along with it.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What was the allegation?
Customer: replied 1 year ago.

Hi.

The allegations were: 1.) Causing a patient a tear Wound.

2.) Putting a Tissue or/and Towel in the same

Patient' mouth.

I was employed as a registered general Nurse in that Nursing Home. The 2 care- Assistants, that were working together with me during that time, who were used among the Witnesses against me in the Court, were also very close to the general Manager.

Before the Court case, I must mention that I was just about finishing the Grieviance-Hearing I sent to the Head-Office against the bad Treatment my Deputy Manager did to me, including how the GM and her DM were making differences between white and black and other none white ethnic Groups.

Thanks.

Expert:  Jo C. replied 1 year ago.
Thanks.
What was the charge and what was the ruling of the court?
Customer: replied 1 year ago.

Hi.

I was charged for 2x Assault at the Magistrates Court of a Patient under my care in that Nursing Home.

First Common assault: Between 01/08/2011 and 03/12/2011, CONTRARY TO SECTION 39 OF THE CRIMINAL JUSTICE ACT 1988.

Second Common Assault: Between 01/11/2011 and 01/12/2011, CONTRARY TO SRCTION 39 OF THE CRIMINAL JUSTICE ACT 1988.

The Court Verdict on 28/12/2012: I was dismissed or discharged and acquitted as not guilty.

Thanks.

Expert:  Jo C. replied 1 year ago.
Yes, but what reasons did they give?
There are many different gradients of acquittals.
Why did they Magistrates say they were acquitting? What were their reasons?
Customer: replied 1 year ago.

Hi.

I have a written MEMORANDUM of an ENTRY entered in the

REGISTER of the Magistrates' Court. Under each of the 2 Charges

is written: D as Dismissed.

Plea: Not Guilty - 15/03/2012

Verdict: Not Proved - 28/06/20012

R to R: Granted on 22/03/2012

The Court told me too that I was reliable with my Statements.

Expert:  Jo C. replied 1 year ago.
Are you in Scotland? We don't have a verdict of not proven in England and Wales.
This is important because being acquitted is not the same thing as being innocent necessarily.
Customer: replied 1 year ago.

Hi there.

I am living in England.

The solicitor, who represented me in the Magistrate Court on the 28th June 2012, wrote ( transcribed from the solicitor) as follows:

1. The two prosecution witnesses gave evidence broadly in line with their statements. They made significant concession in cross-examination in relation to their working relationship with the Defendant. The Defendant gave very good evidence......

2. At the end of the hearing, the bench concluded that the prosecution witnesses were not wholly reliable and that the Defendant was a compelling and reliable witness.

Accordingly they acquitted her of both charges.

I hope that all your questions are hereby answered. Please kindly send me your advise as soon as possible.

Sorry for the delay, my Internet was defect.

Thanks.

Expert:  Jo C. replied 1 year ago.
No problem.
That is effectively an acceptance of your evidence and a rejection of theirs.
I'm not sure in what basis you are hoping to claim compensation though?n. The only claim is in defamation and then you would have to prove they were being untruthful rather than just mistaken. It is always very difficult to do that. It might be worth a challenge depending on how much money you have to find it. The magistrates didn't accept their evidence although there is a different standard of proof on the criminal courts.
There is always malicious prosecution as well but that isn't acccessible to most people unless you can prove lies.
A defamation action will coat in excess of £10k I'm afraid.
The other alternative is an employment tribunal. You don't give much information about how and why you were dismissed. Given the nature of the allegations they had reasonable grounds to act I'm afraid.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69507
Experience: Over 5 years in practice
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