How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49816
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Type Your Employment Law Question Here...
Ben Jones is online now

Hi My Name is XXXXX XXXXX I work at an Pupil Referal Unit- My

Customer Question

Hi My Name is XXXXX XXXXX I work at an Pupil Referal Unit- My employer is trying to sack me for breach of contract (trust) with soft information they obtained at a strategy meeting back in may 2010. An allegation was made at a school I worked at and from this I had a disciplinary process which lasted nearly 2 and a half years and these allegations 2 were part proven which i'm confident on appeal I will overturn. Due to this fact in September 2012 they brought new allegations.
A detective SGT did a police check at a strategy meeting in May 2010 and told them I had seven arrests out of these I was convicted of 2 , which I disclosed on my enhanced CRB, i had 3 NFA and 2 charges but on the morning of the trial the cases were dismissed.
The police Detective did not have the authority to disclose this information as only a chief inspector is authorised and on 2 enhanced CRB'S he did not send any soft information. The LEA has come by this information illegally and it says if an employer discloses to an employee or other people this soft information that is a criminal offence.
None of these issues stop me working with children and because they could not sack me they are trying any tactic to try and sack me. My union Rep gets in a right tizzy when I inform him of the law he argued till blue in the face that if you charged you are guilty!
The information should never of come to light and even worse now using information that they had 2 years and 4 months ago i don't know what my question is I am now into my 4th year of suspension and I have been suffering with severe depression with being on the verge of committing suicide. If my union rep knew I was asking anybodies opinion he said that the union would refuse to represent me. I don't have lots of money which is unfair as we are now living in a society of you can only get good legal advice. There is corruption of the highest level going on In HR and they investigate themselves how is that right. I was thinking of going to the police today and make a formal complaint, would this then give them more grounds to try and dismiss me or if there is a case and the police find them to be using this information illegally can they still continue with the hearing. Would I be better taking a civil action against the police and the LEA or go down the unfair dismissal route.
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer :

For Ben Jones

Customer :

Ben please could you explain why i have been charged £33 when I only have the above response? I will be happy to pay the money but is this question going to cost me £33 as well I am in desperate need of advice as when you come up against an LEA that is corrupt. The LEA have broken the law and gone against own recommendations etc they brushed under the carpet my defence statement which included allegations of theft and fraud which they did nothing about. This is a very complex case but as i say i can not afford to pay £33 a question i am an ex serviceman who wants justice.