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Gross misconduct- no charges

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  • #1

    Gross misconduct- no charges

    Hi all, I'm posting for advice on behalf of a friend. My friend was arrested last year at her workplace. She was arrested for a serious allegation, never charged and was released on bail pending further investigations. Eventually, the police dropped the case with no further action being taken. However, they stated that she would've been charged with a different offence but the time limit to do so had elapsed.
    The arrest was not anything to do with her employment directly. However, her employers are claiming that it affects her ability to do her job due to the nature of her clients.
    Is this gross misconduct?
    Tags: None
  • #2
    Re: Gross misconduct- no charges

    It depends on what she does and what the nature of the allegations were.

    The fact that the police preferred no charges is not necessarily determinative. The police, or rather the CPS, have to be satisfied that they have evidence "beyond reasonable doubt" that your friend did whatever it was she was alleged to have done. Her employer does not need to meet that standard of proof in order to dismiss.
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    • #3
      Re: Gross misconduct- no charges

      Thanks for the reply. My friend is certain that she will be dismissed and is worried about how to apply for other jobs. The arrest was of a "sensitive" nature...

      Comment

      • #4
        Re: Gross misconduct- no charges

        I think it runs slightly counter to forum rules, but have seen others do it, if you want to private message me a few more details I might be able to offer a more informed opinion.
        • 1 thank

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        • #5
          Re: Gross misconduct- no charges

          Thanks Steve!

          - - - Updated - - -

          Would you be able to private message me first? I'm having trouble trying to work out how to message you.

          Comment

          • #6
            Re: Gross misconduct- no charges

            Originally posted by stevemLS View Post
            I think it runs slightly counter to forum rules, but have seen others do it, if you want to private message me a few more details I might be able to offer a more informed opinion.
            That's completely fine when things are a bit ''sensitive'' xxx
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

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            • #7
              Re: Gross misconduct- no charges

              Thanks Amythest - I completely agree with OP that it is senstive.

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              • #8
                Re: Gross misconduct- no charges

                Have to agree - Sometimes the use of PM for discussing certain issues or aspects is the only way we can help someone, if they are not comfortable disclosing them on an open forum. And not having such details can result in the wrong advice!
                Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                The Governess; 6th March 2012 GRRRRRR
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                • #9
                  Re: Gross misconduct- no charges

                  We've exchanged a few PM's and I think the OP is content that they have what they need for now.
                  • 1 thank

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