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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49827
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been accused of 'stealing' from a ex employer, and

Customer Question

i have been accused of 'stealing' from a ex employer, and now have been bailed by police until 18th December, this whole thing is very tedious but its now effecting my current job, and I have also been told that I am not aloud to contact my ex employee to try sort out this situation personally, what is it I can do?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 1 year ago.
hello ben
Expert:  Ben Jones replied 1 year ago.

Hi there. Please can you explain how the allegation is affecting your current job and what you are ideally hoping for under the circumstances so that I can advise. Thank you

Expert:  Ben Jones replied 1 year ago.

I am unable to talk at the moment but if you provide the information requested, I will look into this for you. Many thanks

Customer: replied 1 year ago.
as i now work in care and have been there for 2 months, an aligation of theft is very serious, i have spoken to my manager but of course only being there for a short amount of time and then getting police turn up to my work place is not a very comforting situation to be in
Customer: replied 1 year ago.
ideally it would be nice to sit down and speak to them or have them contacted to sort this out between us without using the police, i don't understand why 2 months after asking me to resign they have now decided to drag it back up
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. The problem here is that you have been specifically sked not to contact the old employer and if you do so, even with the intention of trying to resolve this, then you could be creating more issues for yourself. If they are unwilling to talk with you about it you cannot force them unfortunately. However, if you are adamant that you have not stolen anything from them and they have no evidence to back that up, you could consider telling them that this amounts to potential defamation.

First of all, certain conditions must be met for the statement to be classified as defamatory. These are:

1. The statement has to be untrue.

2. It must directly identify the complainant.

3. It must have been published, usually communicated to at least another person.

4. It must be in a form of words, which would tend to lower the claimant in the estimation of ‘right thinking members of society generally', expose the claimant to hatred, contempt or ridicule, or cause the claimant to be shunned or avoided.

5. Its publication has caused or is likely to cause serious harm to the reputation of the claimant.

Whilst a claim for this s unrealistic as it is very complex and expensive, there is of course nothing stopping you from contacting the other party and threatening them that what they have done amounts to defamation and that you will consider pursuing the matter further if they do not retract their statement. This could prompt them to reconsider their position. I would suggest you ask the police for permission to contact them about this first so you do not break the request of no contact.

In the meantime keep your current employer up to date so that they do not think you are hiding anything and jeopardise the trust with them.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.