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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48774
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Good evening ! I would like to know if you can offer me an

Customer Question

Good evening !
I would like to know if you can offer me an advice about a situation.
Last week an allegation has been made by one of my colleagues at work. I am working in a nursing home, as a permanent employer over 8 months now. I was temporarily suspended from my work and at that time the manager informed me that the police will be in touched with me about a statement that I have to present. After a week from the incident, that meaning today, I was arrested for putting a vulnerable adult at risk and hurting him. And in this afternoon I was released on pre-charge conditional bail. The colleague who made the allegation was in probation period, working there for about 10 weeks, and she had presented her resignation before all this happened. Now I have to go back to the police station on 8th of June. Today I was having an interview with the officer, the statement was recorded and I consider that I didn't had to ask for a duty solicitor.They said that they need to do further investigation. So basically is my statement versus her statement. I would just want to know what can happened in this situation. What should I expect ?
Thank you .
Best Regards
MP
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
Is anyone else at your workplace able to to support your argument?
Customer: replied 1 year ago.
There was no witnesses at that moment
Customer: replied 1 year ago.
It was just the two of us
Customer: replied 1 year ago.
So I would like to know what should I expect
Expert:  Ben Jones replied 1 year ago.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Hi sorry I should have clarified this with you earlier - are you asking about the employment side or the criminal side, as the two are completely separate and you will need different lawyers to advise for each one.
Customer: replied 1 year ago.
Hi
Thank you very much for your answer.
I am sorry I forgot to specify this. On the employment side I would like to resign but I can't do that for now and I will have to wait until the investigation is over. What I would like to know is what I should expect on the criminal side.I should expect to be arrested again or sent for trial ? And if that will be the case what I should epect ?How the fact that I have been arrested is gonna afect me in my further employment- because of the end of June I need to sustain my exam for the DPSI - pathway - English Law, and I would like to know if I would be able to work in this domain even if I was arrested.
Thank you .
Best Regards
MP
Expert:  Ben Jones replied 1 year ago.
ok there is still a split in information here - you need to know about what will happen in the criminal side but also need to know how your future employment will be affected - these are separate areas, you need two different lawyers for each unfortunately. I can answer all employment-related questions but if you also need criminal answers then you need to post a separate query. So let me know how you ish to proceed please, thank you
Customer: replied 1 year ago.
All right, thank you .
So regarding the employment side I would not be allowed to work in any domain that involves vulnerable adults. I assume I will appear on the Adult's Barred List. But I can work in any other domain, for eg, as an interpreter in public services ?
Expert:  Ben Jones replied 1 year ago.
Whether this will affect you working in other domains will depend on what each employer’s requirements are and if you are subject to criminal checks. There is no standard situation that will cover every job and each industry and job will be different. So you will not know until you have been given the details of the job and the requirements on criminal records checking. If you are convicted of this offence then it will appear on your criminal record (DBS check) and on the DBS barred lists, most likely the one for adults. That will automatically stop you from doing certain jobs but working as an interpreter is not one because you will not be working with vulnerable adults there. There is an informative document you can read which discusses the types of jobs which will be restricted: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/216900/Regulated-Activity-Adults-Dec-2012.pdf So whilst you will not necessarily be automatically prevented from working in other sectors, there is still a risk that the employer will not wish to employ you because of your criminal history. It is their prerogative not to employ people because of their criminal history so they are entirely within their rights to decide not to employ you even if you were not automatically restricted in working in that job. However, all of this depends on you actually being prosecuted and being placed on these lists. There is certainly no guarantee that it will happen – you may find that the police there is insufficient evidence to take this further and the matter could still be dropped. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 1 year ago.
Thank you very much for your time and your answer.
It was really helpful and I hope all this situation will end well.Best Regards
MP
Expert:  Ben Jones replied 1 year ago.
I hope so too, wish you all the best!
Customer: replied 1 year ago.
Thank you .
All the best to you, as well.
Expert:  Ben Jones replied 1 year ago.
Thank you :)