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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12069
Experience:  30 years as a practising solicitor.
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My partner is currently subject

Customer Question

My partner is currently subject to false accusations of historical abuse towards his former step daughter. this has hung over us for four year. The first ten months my work stipulated he needed to move out of our home. (Feb 2011) At this point he had not been charged. I agreed as I did not want to cause waves at my work. In Dec 2011 I spoke to my manager as we were going on holiday and they agreed that he could return home after this.he was charged in April 2013 We have had four trial dates set, next one is August 2015. My work are aware that the first allegation ( May 2010)was the very next day after his ex wife had been charged with assaulting her daughters. Both of them stated that the abuse allegations were untrue. A year later the younger one made another allegation which she has later admitted she lied and two years later the older one has made an allegation. its obviously caused us a huge expense in legal fees. I'm just worried now that my work can actually demand who lives in my house and who doesn't. They are concerned about reputational damage. I would understand if I had a tied house to my job or he had been found guilty. They have said if I don't agree and I'm found lying about him being there I would be disciplined . I work for Action for Children. regards ***** ***** Can you tell me if they have the right to do this.

Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a solicitor in Scotland and will help you with this.
Does your contract of employment say anything specific or even have a general clause in it that would cover this or is there a staff handbook that would cover it?
Customer: replied 2 years ago.

The national care standard does state something about the way you behave within the community can impact your work. Can't remember the exact wording. I would see the point if he's been found guilty or if I had a house tied to my employment. His bail a dress isn't my house it's at a flat we also own. I have asked my work for their request to be put in writing. That's nit been straight forward as one manager was under the illusion he wasn't staying with me at the moment. The others were.

Expert:  JGM replied 2 years ago.
Can you get me the exact wording please?
Customer: replied 2 years ago.

I have searched the internet and cant find it. I just remember it from previously reading the booklet.

Expert:  JGM replied 2 years ago.
This is an issue of contract, therefore what the contract says is important. if the wording would cover this then you would be in breach unless you comply with what it says. If not, then your employer can't dictate who stays with you and who doesn't. In the absence of the wording that is as much as I can help you with at present.
You may want to ask your employer the basis upon which they are taking this stance when ther os no conviction.