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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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WHILST I WAS ON BAIL FOLLOWING A CRIMINAL ALLEGATION FROM MY

Resolved Question:

WHILST I WAS ON BAIL FOLLOWING A CRIMINAL ALLEGATION FROM MY EMPLOYER (BY THE WAY, I WAS VINDICATED AND THE CASE CLOSED), MY EMPLOYER CLAIMS TO HAVE SENT ME SEVERAL LETTERS (WHICH I HAVE NOT RECEIVED) AND THE LETTERS MAY HAVE BEEN RETURNED TO THE EMPLOYER.
I ALSO HAVE EVIDENCE THAT THEY HAVE USED INCORRECT ADDRESSES ON 3 OF THE LETTERS.
THEY HAVE DISMISSED ME WHILST I WAS ON BAIL AND NOT ALLOWED TO CONTACT THEM DIRECTLY OR INDIRECTLY.
IS IT TRUE THAT, IN LAW:
A) PROOF OF POSTAGE IS NOT PROOF OF DELIVERY?
B) IF IT HASN'T BEEN SIGNED FOR BY ME, IT HASN'T BEEN SERVED?
C) THE EMPLOYER WHO HAS MADE THE CRIMINAL ALLEGATIONS SHOULD ONLY HAVE BEEN ALLOWED TO CONTACT ME VIA THE POLICE OR MY CRIMINAL LAWYER AS SUSPECTS RIGHTS ARE IN PLACE (TO AVOID BULLYING/HARRASSMENT/INTIMIDATION/INTERFERENCE/ENTRAPMENT OF THE SUSPECT)?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Has breach of bail been alleged?
Customer: replied 2 years ago.

I am concerned that they were trying to

bully/harrass/intimidate/interfere/entrap me whilst I was on bail conditions.

They dismissed me whilst I was on bail and not allowed to contact them directly or indirectly.

In the first place, I didn't get the letters. Secondly, if I can prove that they were sending me letters to contact them,I can then prove that they were harrassing/entrapping me into breaking bail conditions which would have got me re-arrested.

Expert:  Ash replied 2 years ago.
But to confirm, you didnt break bail conditions?
Customer: replied 2 years ago.

No I didn't but the party making the allegations tried to make me break bail conditions if I contacted them.

Expert:  Ash replied 2 years ago.
What is it you want to achieve?
Customer: replied 2 years ago.

I want to prove that even if they had hand delivered the letters, I could not respond or contact them due to bail conditions. I would have been re-arrested due to breaking bail conditions.

Expert:  Ash replied 2 years ago.
But even if you could show that, what would that achieve? You said you had not breached bail and therefore not re-arrested?
Customer: replied 2 years ago.

I want to prove that if I had contacted them or attended their address, I would have broken bail conditions and been arrested

Expert:  Ash replied 2 years ago.
Ok, but where does that get you? I do not understand?
Customer: replied 2 years ago.

My employers held an internal hearing in my absence, whilst I was on bail(due to their allegations) and was not notified of this hearing and they dismissed me whilst I was on bail (Bail conditions of not being allowed to contact them).

The police case was closed and I was vindicated.

I want to prove that I was deprived of a fair hearing whilst I was subjected to bail conditions of not being allowed to contact them. If I had contacted them, I would have been arrested.

Customer: replied 2 years ago.

They are saying that I could have contacted them whilst I was on bail but didn't.

I want to prove that if I had contacted them or attended their site, I would have been re-arrested due to the bail conditions. The police did not give me permission to contact the company.

Expert:  Ash replied 2 years ago.
ok, is this more of an employment question?
Customer: replied 2 years ago.

It's connected. It's both a criminal as well as an employment question.

As I was on bail (following allegations made by my employer), I was not allowed to contact or attend their site during the bail period.

They held an internal hearing whilst I was on bail and could not contact or attend the employers premises.

I need confirmation that if I had contacted them or attended their site, I would have been re-arrested due to the bail conditions. The police did not give me permission to contact the company during the period of bail. So, I was dismissed unlawfully/unfairly/wrongfully.

Expert:  Ash replied 2 years ago.
I can only help with the criminal element. If you need both I will probably need to opt out.
Would you prefer me to do that or are you ok to continue just on the criminal side.
Customer: replied 2 years ago.

Staying on the criminal side,

I need confirmation that if I had contacted teh accusers or attended their site, I would have been re-arrested due to the bail conditions. The police did not give me permission to contact the company during the period of bail.

If I had contacted my accusers directly or indirectly, I would be vulnerable to other allegations.

Contact could only take place after the bail was lifted and the case was concluded?

Expert:  Ash replied 2 years ago.
Yes if you had contacted them you would have been arrested for breach of bail.
So yes if you had contacted directly/indirectly then yes you would have been in breach.
Can I clarify anything for you about this today please?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex