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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6339
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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A dismissal appeal was upheld because there was clear evidence

Resolved Question:

A dismissal appeal was upheld because there was clear evidence that the dismissal was unsafe. Within in that we showed that 3 witness statements had been created from one account but presented to look as if from different people - unsigned. Other witness statements had been changed from originals sent out and an email account was deleted. Is this sufficient evident to report perjury?
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today, in this situation are you the employee who was dismissed?
Customer: replied 1 year ago.
Yes
Expert:  Jenny replied 1 year ago.
So have you returned to work? Are you hoping to take action against the employees whose statements changed?
Customer: replied 1 year ago.
My Union is persuing my claim for back pay etc. but they have said if I wants to go for perjury I would need to go to the police. Looking online it seems difficult to get unless egregious. I believe what they did was and was what caused me to lose my job unnecessarily and erroneously. I am not working, as a judge has to decide who will be my employer due to a TUPE situation. It's complicated but in hand. The perjury and perverting the course of justice I have to pursue so would like to know if the behaviour was sufficient to take further. Without the fabricated reports, altered witness statements and withheld evidence they had no real evidence to dismiss.
Expert:  Jenny replied 1 year ago.
Hi the union is correct that perjury falls under criminal not employment law. You can contact the police to tell them about this however it is my honest opinion that the police will not pursue it on the basis that it is a civil matter (this is their view on most issues connected with employment). There is a civil court option from you. If you can prove that they deliberately/ wilfully made false statements and you have suffered a loss as a result a better claim might be in 'negligent misstatement'. if you would like further information about this please let me know.
Customer: replied 1 year ago.
Further information would be really useful as their false statements have ended my career prematurely as a Headteacher which has impacted on my income and reduced the amount of my pension.
Expert:  Jenny replied 1 year ago.
If you can show that it is false statements of the individuals rather than the actions of the school for failing to reinstate you after the decision to dismiss that has caused you the loss then you can bring civil action against the individuals. You would need to send them a letter before action first (i would suggest seeing a solicitor to send these on your behalf) and then lodge a claim in the County Court in negligent misstatement.
Expert:  Jenny replied 1 year ago.
Hello Anne, is there anything further you would like to know?
Customer: replied 1 year ago.
No, thank you
Expert:  Jenny replied 1 year ago.
I would be grateful then if you would take the time to rate my answer before leaving the site as I am not otherwise paid for the time I have spent answering your question. Thank you and all the best with your situation.
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