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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47420
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I'm an ex police officer who retired in 2014 due to ill

Resolved Question:

I'm an ex police officer who retired in 2014 due to ill health, I'm being prevented from getting a job(six now in total) due to a complaint by a suspect serving life imprisonment for firearms and drug offences, the complaint I've always known was going to be NFA'd since it first came to light, I've never been served papers or interviewed which is now coming up to two years, is there anything I can do?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

You mean a complaint of criminal conduct?

So it is recorded as an allegation?

Customer: replied 1 year ago.
No there is no allegation just an internal letter from the suspect to the anti corruption team of my previous force, which has now been going on for 18 months as original investigating officer went off sick and wasn't allocated to someone until December last year
Expert:  Jo C. replied 1 year ago.

OK. But you mean an internal complaint to the police?

So the issue is one of employment rather than any allegation of criminal conduct?

Customer: replied 1 year ago.
thought this was potentially something that may become criminal
Expert:  Jo C. replied 1 year ago.

It depends what the complaint it?

Customer: replied 1 year ago.
Ok it looks like this may be a previous employment issue, thanks
Expert:  Ben Jones replied 1 year ago.

Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. When you say you are prevented from getting a job, is this all due to internal vetting which shows this matter up? Have all jobs been with the police force?

Customer: replied 1 year ago.
this is internal vetting, although one police force accepted the explanation from my previous police force that this was going to be NFA'd in February, however the job had since been filled by the time they got this answer. I've now gone to several interviews and was offered a job in the child protection area which, and after two months of waiting I was turned down again due to this complaint. This investigation has been going on for over a year, and was told three/four weeks that it had gone through the chain of command and was on the chief superintendents desk ready to be signed off. I was informed last night that it still hasn't been signed off and that he is now on leave until the 26th of July. Had I'd known this complaint was having such an impact on my career I would not have resigned from my previous role. I was never served papers and was never interviewed for this complaint as it was well known this complaint was going no where, if it was I shouldn't have been allowed to resign. I'm also aware that the original investigating officer went off sick and this wasn't allocated to another officer for some time.
The DI who offered me the new role was trying to sort this out but I don't think they can wait until the 26th and therefore will lose this role for good. Just wondering if I can do anything to recover loss of earnings from previous employers thanks
Expert:  Ben Jones replied 1 year ago.

Thank you. Recovering loss of earnings may be somewhat difficult. Not saying it is impossible but legally it won't be that easy. You could try and argue that they have been negligent in the way that they have handled this and that their negligence had resulted in the losses you have incurred. So a negligence claim would be the most appropriate one here but you must be able to show that their actions had fallen below the standard expected of a reasonable employer in their position, and that these actions had directly resulted in the losses and were also reasonably foreseeable.

I would recommend that before you consider any legal action you try and resolve this directly with them, such as by making your position clear and that stating you would not hesitate legal proceedings if necessary. This pressure may sometimes prompt them to consider offering some sort of settlement but it is not always easily achieved.

In terms of taking this forward to minimise the effects it has in the future, you should advise them that their actions are in potential breach of data protection. This is because as a data controller they have a duty to keep your personal data current and up to date and if they have not updated the data for such a long time and it has resulted in losses for you, it could be a data protection breach. If needed you could also consider informing the Information Commissioners Office, which deals with data protection enforcement.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you decide to issue a claim, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47420
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 3 other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.

Thank you. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.