can i be fired?

[IanM]

Re: can i be fired?

great i could lose my job then

Unfortunately that's life but the truth does come out in the end.

[bluebottle]

Re: can i be fired?

Ben,

Have you received a summons from the local Magistrates Court in connection with the case going to the Crown Court?

[ben oseman]

Re: can i be fired?

no, just a summons from crown court

[des8]

Re: can i be fired?

Am I missing something here?
A fight takes place involving Op's colleague, who may or may not be called as a witness.
Possibly not as he told police he didn't see who started it.
Discusses matter with boss, who asks for details in written statement. Probably because being in the care business she needs to know. (What would be said if she continued to employ this person who possibly started (?) a fight and then went on to abuse a person in care? She must be proactive.)
There is no reason to think this statement will be given to police, that it will go outside the carer's office, that it will prejudice any trial.
A close reading of the original posting would suggest that the statement was given to the boss before a decision was made to go to trial, and so there was no case to prejudice.

I understand OP's concern to be that if it goes to trial, and his colleague is found guilty, he is then concerned that his boss will accuse him of lying to her and sack him.

Would some of our employment specialists care to comment?

Crossed with OP's comment that he has received summons. Still don't think his problem is with courts, but with employer's reaction.

[ben oseman]

Re: can i be fired?

thats correct, im not worried about court as i told the police the truth but for some reason i decieved my boss, would discussing the issue with her asap be of any use?

[bluebottle]

Re: can i be fired?

Ben,

At what stage did your boss ask for you to give a statement -

a. whilst the police were still investigating the incident; or
b. when the police indicated they had passed a file to the CPS; or
c. when the police informed you the case was going to the Magistrates Court for a plea to be heard or a committal hearing; or
d. when the police informed you the case had been or was being committed to the Crown Court for trial; or
e. when or after you received the summons from the Crown Court?

Whilst your boss may feel she has acted in good faith, her actions may be premature and, possibly, contrary to the law. This is why it is important that the stage at which she asked you for a statement is established.

[enquirer]

Re: can i be fired?

i did not discuss the issue with her, my colleague told her and then she asked me to write down what happened. i have no idea why she asked me to write a statement. i may discuss the issue with her tommorrow but i fear for my job if i do.

As there is no obvious work connection, she has no legitimate interest. If she starts to become unpleasant, you could point out that should the court become aware of it, it might take a very dim view of her meddling.

[bluebottle]

Re: can i be fired?

As there is no obvious work connection, she has no legitimate interest. Whether or not she has some motive other than the overweening need to feel important that affects these people, is another matter.

If she starts to become unpleasant, you could point out that should the court become aware of it, it might take a very dim view of her her meddling.

Exactly my thoughts, Enquirer. When a case is sub judice, witnesses are not really supposed to discuss the matter with anyone other than the police officer(s) in the case and the CPS's solicitors and barristers, if a prosecution witness, or the defence solicitor or barrister, if a defence witness.

[ben oseman]

Re: can i be fired?

it was a few days after being arrested whilst the collegue was on bail.

[des8]

Re: can i be fired?

From a legal and employment point of view I couldn't possibly comment.

For myself, if you were my employee, you would possibly go up in my estimation if you came to me and discussed the matter before it went to trial, and became public knowledge. Tell her you were being loyal to your colleague and, assuming because of the circumstances that he had not started the fight, you felt sure you were correct saying he had not. Because of the time delay between giving your statement to the police, and then to her, there were differences in the statements which you only realised on reviewing the matter. You appreciate the importance to her, but you are still convinced your colleague was not at fault.

However she is your employer and you must be the judge of how she may or may not react.

I suggest you wait and see what others advise.

[des8]

Re: can i be fired?

I can see why the spectre of the sub judice rule has been raised, but I don't think it is very helpful.

Contempt of Court Act 1981 criminalises the publication of material which creates a substantial risk that the course of justice would be seriously impeded or prejudiced.

A private statement to an individual hardly meets the criteria.

I reiterate a care home owner needs to know if their staff are involved in violence, or are likely to lose control if under pressure. They have enormous responsibilities regarding staffing.

[bluebottle]

Re: can i be fired?

it was a few days after being arrested whilst the collegue was on bail.

To be honest, Ben, I would be inclined to contact the officer-in-the-case and seek their advice. Although your colleague would be obliged to inform the employer of their run-in with the law, an employer needs to exercise care as what they may perceive as legitimate action, on their part, might not be viewed in the same light by the law enforcement agencies or the courts, especially as this is now going before a Crown Court.

[bluebottle]

Re: can i be fired?

I can see why the spectre of the sub judice rule has been raised, but I don't think it is very helpful.

Contempt of Court Act 1981 criminalises the publication of material which creates a substantial risk that the course of justice would be seriously impeded or prejudiced.

A private statement to an individual hardly meets the criteria.

I reiterate a care home owner needs to know if their staff are involved in violence, or are likely to lose control if under pressure. They have enormous responsibilities regarding staffing.

Who said anything about contempt of court?

[des8]

Re: can i be fired?

Who said anything about contempt of court?

The sub judice rule is concerned with publication of matters that are under consideration by the courts (from time of arrest, or issuing of warrant of arrest)
.
The rule exists to ensure there is no publication of information that may influence a fair trial.

If one breaks that rule, I understand the charge is Contempt of court.

So if discussing the Sub judice rule one is discussing Contempt of Court

Private discussions are unlikely to fall into this category.

[bluebottle]

Re: can i be fired?

I still hold the view that the OP should speak to the officer-in-the-case as regards discussing any aspect of the case with his boss whilst it is waiting to go before the Crown Court.