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Jenny, Solicitor
Category: Law
Satisfied Customers: 6464
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Can you help please I have a dilemma. 7 years ago my husband

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Can you help please I have a dilemma. 7 years ago my husband at the time (ex now) made a claim against me, to my employer he said I had been committing fraud and the work which he did as a subcontractor was not him. Despite statements from my colleagues to say he did the work. My employer settled out of court and paid me 10k. I accepted. My dilemma is a job has come up in the same department I really want to apply. Is it worth it? Or should I not bother. My employer agreed to do a reference for me through HR. I work in the same sector and have met some employees at conferences/meetings within the same arena. The general manger really valued my work, this role will mean she would be my line manager and is aware of what happen at the time. What do you suggest, please advise. Many thanks
taratill :

Hello my name is ***** ***** I am happy to help you today. Did the manager know that the allegation was false?

Customer: Thank you taratil. I'm not sure, she didn't conduct the investigation, because she was my line managers, manager. I know she was made aware of the findings. Not sure what to do. I really liked my job at the time. My line manager who left shortly after I did, said before the allegation, that his manager though of me as gold dust. This is the same lady who will be my line manager if I am successful for the post?
Customer: Sorry, Jenny I got your name wrong
taratill :

Did you sign any agreement which stated that you may not reapply in the future?

Customer: I didn't sign anything to that effect as far as I can recall.
taratill :

Ok well from a legal point of view there is nothing to prevent you from applying and no harm can occur if you do, although obviously you may not be successful for a number of reasons. You can either apply for the job directly or alternatively you may feel you can approach the manager for an informal chat about whether it is worth you applying or whether the previous incident will affect your chances.

taratill :

Legally you can be turned down for a job for any reason so long as you are not discriminated against contrary to the Equality Act. This means that the fact that you have received a previous settlement could be a reason to turn you down and you would not have recourse against the employer.

taratill :

On balance I would say go for it though because if you don't ask you don't get and a long period has passed since the allegation.

taratill :

if you have any further questions please do ask.

taratill :

Hello is there anything further i can help with?

Customer: Thank you. At the moment I have been short listed through a recruitment agency. The!agency do not know the history. I am embarrassed to mention the truth. I was not aware through the job ad the vacancy was forcwhere I worked before. In my past applications I have said I moved to a better position or personal reasons. Is it wise to say the same. The circle of what I do is tight nit, I have the added pressure of my current employer finding out I am looking to move. It is difficult, however refreshing to know that someone is there to hear me out. This chat is confidential and not available for all to view?
taratill :

You have not said anything to identify yourself but once we are done I can ask for this to be private. You are doing nothing wrong in going for this job and i really wish you the best with your application.

Customer: Thank you again Jenny. I will hedge my bets and go for it. I have nothing to lose. You only live once. I hope I don't bottle it though. Thank you so much for your help and encouraging words of support. All the very best. Yes please do not identify my request by email address either. Good night.
taratill :

You too, please do remember to rate my answer and all the best.

Customer: Of course, just about to. Night
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