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james bruce
james bruce, Solicitor-Advocate
Category: Employment Law
Satisfied Customers: 4812
Experience:  Owner at James Bruce Solicitors
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My partner claimed constructive dismissal and on the same

Customer Question

My partner claimed constructive dismissal and on the same day she left she reported her ex employer to action fraud. A claim has now been made to an employment tribunal for constructive dismissal, sex discrimination and Coercive and sexual harassment. We are now making an additional claim to the tribunal because by becoming (a whistle-blower) I understand under the PID act this is a now a protected disclosure, however the ex employer is becoming aggressive and intimidatory .Can we ask the police to offer necessary support and protection as a result of the disclosure?
Submitted: 20 days ago.
Category: Employment Law
Expert:  james bruce replied 20 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Customer: replied 20 days ago.
Ok will you be replying soon?
Expert:  james bruce replied 20 days ago.

Sorry for delays, have been experiencing serve outage.

Expert:  james bruce replied 20 days ago.

Certainly you can contact the police is the formal employer is becoming personally aggressive and intimidating, that is harassment and that is a criminal offence.

To back ups that matter further, you could also send the employer a "cease and desist" letter, directing that they stop further aggressive and intimidatory actions to you, and to direct any correspondence to your solicitors or the tribunal.

If they ignore that and continue, that would give further strength to all your cases against form and allow the police to act further.

Expert:  james bruce replied 20 days ago.

Can I assist or clarify anything further?

Customer: replied 20 days ago.
Ok I wrote the question just to get a sense of where things should be.......When she left because she had been working at home she had her work computer. As soon as she told Action Fraud and told her employer of her intentions they sent a member of staff to collect the computer which we refused its full of all the evidence. We then spoke to action fraud again and they said store the pc off site which we did. We then got a written steer from the police which said we are have a lawful right to withhold the return of the computers because of the fraud. (The fraud itself is £5m+) . We confirmed this statement to her company's solicitors. They in turn then said they would report her to the police say she has stolen the computers and have her arrested and charged for theft. She is under mental health as a result of what has gone on and also under the supervision of her dr. On Tuesday evening a police officer turned up acted very aggressively and claimed she had been dismissed and then arrested her for theft in front of our 2 young children and then marched her out in public to his police car. He later (20 minutes) her de arrested her based on the argument and case we put forward. I have subsequently made a police complaint about his behaviour an actions. All in all my partner seems to be getting zero protection for a massive personal risk she has taken, How can we get her better protected. I am of the view her life could be at danger if this company continues its current aggression.......thank you
Customer: replied 20 days ago.
We still have the computer but the police in light of the complaint have put things on hold until next wednesday and I am waiting a call from a senior police officer
Expert:  james bruce replied 20 days ago.

If the police received a compliant of theft of the computer, they do have an obligation to investigate that allegation, that can lead to an arrest of the person holding the item. Granted the officer should have sought further advice before making the arrest, bu hindsight is a wonderful thing. The arrest based on what the officer knew at the time is legal, once he had further evidence and information the person was rearrested.

If you know who is investigation the allegations you have made of fraud, then it may be possible;e to hand over the computer to that agency, be that police, HMRC, etc they can hold it as evidence.

As for intimidation, as explained earlier, send the letter and call the police if they make contact again. You are entitled to be protected.

Expert:  james bruce replied 20 days ago.

Can I assist or clarify anything further?

Expert:  james bruce replied 20 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.