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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50209
Experience:  Qualified Solicitor
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I work with SEN children as a TA. Recently I have had two

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I work with SEN children as a TA. Recently I have had two safeguarding allegations made against me and the agency which I work for has suspended me pending an investigation. I am on a 0 hours contract. I dispute both of these allegations as they are draconian, slanderous and question my integrity. I am innocent of any kind of crime or ill intent.
Furthermore, my partner has left me and I have no family left here in Britain. I want nothing more than to fly home to my family in South Africa and just take a time-out from this whole mess.
My question is, would I be within my legal rights to do this? Or is it illegal for me to leave while an investigation is pending through my agency?
They did not give me a time-frame for the investigations and it could take months. I don't have the funds to survive that long without employment. I have enough money to stay for a month or so and enough to fly back but that is it.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Are you intending on coming back in the future?

Customer: replied 1 year ago.
I have been in England for 18 years. I hold a Biometric Residence Permit. I may come back at some point but it's not definite.I feel I need to step back and get perspective on the situation and my future.

Thank you. It is not illegal to leave the country whilst you are under investigation. This is just an internal employment matter, it is not something to do with the police and neither are you on police bail which may restrict you from leaving the country. You are entirely free to travel as and when you wish, even if you are on suspension, regardless of whether this is a safeguarding matter or not. No one can stop you from doing so.

If you were to return in the future and wish to use this employer for a reference then this situation may come out if they decide to mention it. Also, if you wanted to get a job in the same field and the regulatory authority that oversees the industry had been notified and was involved, it could refuse to allow you to work in that field until they find you innocent, so you could be suspended from working with children and vulnerable adults.

But to answer your main question – you can leave to return to SA at this stage and there is nothing preventing you from doing so, just be prepared that if you were to return you may have to deal with this again and defend any allegations if you wanted to work in the same or similar industry.

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 for your advice.

You are most welcome