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For 20 years I had been a manager at work in the newsagent

 
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  • Answered by:Ben Jones
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Customer Question

For 20 years I had been a manager at work in the newsagent and fundraising fields. 16 years ago I had to give up work due to severe depression. I still suffer but due to medication things are under control.
During this 16 year period I have worked as a 'service user' in a mental health charity. 4 years ago a Cafe was opened in the grounds of the Charity and I served the first customer. I worked there until 27/3/12. I left of my own accord under no apparent pressure.
My reasons for leaving were not disclosed to anybody. I do have grievances but I have been made aware that as a 'service user' I have no legal rights and 3 months have passed.
My questions are 1) Does a 'volunteer' have more legal rights than a 'service user'?
2) Are 'framing' and 'conspiracy' in the workplace Criminal rather than Employment Law problems?
3) Is falsification of signatures easily provable with a trained eye? Is this Criminal as well?
4) Do Criminal acts come under the 3 month rule?

 

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Country relating to Question: United Kingdom

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Submitted: 283 days and 11 hours ago.
Category: UK Law
Value: £18
Status: CLOSED
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Expert:  Jomo1972 replied 283 days and 11 hours ago.

Hi

Thank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.

What is the conspiracy here?

Customer replied 283 days and 11 hours ago.

Several staff members and co-workers have conspired against me.

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Expert:  Jomo1972 replied 283 days and 11 hours ago.

To do what?

Customer replied 283 days and 11 hours ago.

To prevent my transfer from the Cafe to Fundraising. Discrediting my ability to do the job.

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Expert:  Ben Jones replied 283 days and 11 hours ago.

Hello, my colleague has asked me to assist with your query as it is more my area of law. Were you actually treated as an employee, were you paid, etc?

Customer replied 283 days and 11 hours ago.

No I was a 'service user' and I accept the fact that in theory I have no legal rights. However do I have no rights against a Criminal act?

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Expert:  Ben Jones replied 283 days and 11 hours ago.

To answer your questions:

1. A service user is not a recognised legal employment status and it appears to be the same as a volunteer. As such you get no extra rights in law for being one and any extra rights will only be these allowed for under any contract or agreement you have with the charity
2. They can be both. From an employment perspective these acts can be the subject of a complaint to the employer by any victim. From a criminal perspective, you have to conspire to commit a criminal offence to actually make that offence.
3. Falsification (or forgery) can be ascertained by an expert witness but I very much doubt that the police will incur such expenses for this type of dispute
4. Either way or indictment offences are not actually time barred. Summary only offences will be the subject of a 6 month time limit.

IMPORTANT: As professionals on this site, it is extremely important that our customers rate the service we provided. This only takes a few seconds. I would therefore be grateful if you could please choose one of the following options: OK Service, Good Service or Excellent Service.

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Customer replied 283 days and 11 hours ago.

Would I be correct in thinking that I could not request an 'external' investigation of the case without the police being involved (I would pay).

Accepted Answer

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Expert:  Ben Jones replied 283 days and 11 hours ago.

No, the charity would only be bound by its own rules as well as the rules set out by the Charity Commission:

http://www.charity-commission.gov.uk/Publications/rs11.aspx

Expert TypeSolicitor
Category: UK Law
Pos. Feedback: 98.5 %
Accepts: 7940
Answered: 7/4/2012

Experience: Specialist in UK Law with expertise in UK Employment Law

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