UK Employment Law

UK Employment Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Employment Law
This answer was rated:

Hello Back in 2009 my now ex-husband accused me of domestic

Hello Back in 2009 my now...
Hello

Back in 2009 my now ex-husband accused me of domestic violence (namely: spitting at him). The accusation was fabricated; basically, that night I discovered bank statements that indicated he had accrued substantial amount of debt he had not told me about prior to us getting married. I was in his car and the statements were scattered all over it clearly showing all the figures, so I did not violate his right to privacy. I asked him what it was and he replied it was his debt. Back then I already was a certified Money and Debt Advisor, so I offered my help but he firmly declined. Well, we did have an argument as despite the fact that our earnings were equal, it was me who supported us financially as all his money was being put into repaying credit card debt and other loans that he refused to seek assistnace with.

This is important, because at one moment he grabbed me by the throat and pinned me to the door. I managed to break free and told him I'd be calling the police. He ran out of the house. I dialled the police number but the hung up as I decided I didn't want to wreck this guy's career (CRB), so I'd just leave and divorce him.

Well, I wish I hadn't been so mercyful! Apparently, he ran straight to his friend's house who advised him to call the police asap and say it was me who attacked me, because 'the one who calls the police first is the winner'. So, there was two officers knocking on my door. I was in the middle of having a bath but I let them in thinking they turned up following me dialling their emergency number. To my surprise they advised me my husband was accussing me of DV (spitting) and that they believed him because 'he had a scrath on his neck'. I replied that I had nothing to do with it and the scrath might have been anything. Nevertheless I agreed to go to the station with them 'for a chat' (as they described it) when they requested. I got dressed and upon leaving the house I remembered I was on a very early shift at work the following day, so I asked them if I really had to go with them. What did they do? They arrested me in the middle of the street without giving me any answer. So then I had to go with them. They took my DNA, fingerprints etc.

Obviously I requested a solicitor. He turned up relatively quickly, I told him the whole story that is described in the first paragraph of this lenghty email. By that time my neck had started to swell, so I might have appeared more trustworthy, I don't know. The solicitor advised me the police had told him I was 'very drunk and possibly on drugs'. We laughed as it was a flat out lie. I had two beers many hours before (a quick drink with friends after work). I have never done drugs in my life, not even a joint. I even requested to be tested for alcohol and drug levels but the police refused!

The solicitor then told me the alleged victim had refused to give the police a statement. Frankly, I suspect he got scared because at this point telling lies might have had dire consequences for him. So, there was no statement. I got released soon after. It said 'released without charge'.

I still have a letter from the solicitor describing everything I told him. While I admitted we might need counselling due to my ex-husband's financial problems, I never admitted harming him as I was innocent. In fact, he harmed me but by that time I had had enough of the police and just wanted to leave the police station.

My ex advised me the police had never told him they would arrest me. They told him they would just go and talk to me to get my side of the story. Apparently he had been waiting at the door of that station all the time scared of what he had caused but nobody wanted to speak to him.

Anyway, we got divorced shortly after. The divorce was granted and the grounds used were those of my ex-husband's unreasonable behaviour including what he did that night. He signed the papers.

Now, since I 've worked in the NGO sector all my life, another and very natural step for me is to become a social worker. But with an arrest for DV showing on an enhanced CRB I doubt I will get very far.

I would like to know what to do in this case. Of course, my ex will not sign anything saying he lied to the police and only called them because his friend (a local authority officer) told him 'it would look bad if he didn't' as he had left our house following an argument, as this would mean incriminating himself.

I feel the police might have been biased because my country of origin (Eastern Europe) and because my appearance is not mainstream. Why I'm saying it is because on many occassions they dismissed my side of the story, told me 'it might be quicker without a solicitor' and made false allegations about me being intoxicated refusing to test me for alcohol and drugs at the same time. I later researched the arrest procedure and in my case it did not looked how it should have.

I apologise for writing a dissertation.

Best regards

Joanna
Show More
Show Less
Ask Your Own UK Employment Law Question
Answered in 22 minutes by:
7/14/2013
Alice H
Alice H, Solicitor/Partner
Category: UK Employment Law
Satisfied Customers: 2,850
Experience: Partner in national law firm with 25 years legal experience
Verified
Thanks for your question. I will try and help you with this.

Just to confirm: you were not charged or give any form of police warning?
Ask Your Own UK Employment Law Question
Customer reply replied 4 years ago

Not charged, no police warning, no caution, nothing. I denied everything as I was innocent and after a brief interview with my solicitor present I was released with no charge.

Thanks. I will be away for an hour or so. Please bear with me and I will provide a full answer to your question.
Ask Your Own UK Employment Law Question
Thanks for your patience. The information held by the Disclosure and Barring Service (DBS), formerly known as the Criminal Record Bureau (CRB), comes from the police database.

Any information revealed by DBS which is disputed can be appealed via DBS or preferably it should be taken up with the police. The system is reliant on police information so ideally you should go straight to the source.

You can complain the police on the basis that the original matter was unsubstantiated, did not result in a warning or court proceedings and it is a violation of your right to private life for disclosure of an unproven allegation. There is some case law which says that old trivial matters should not appear on a DBS check.

So, I suggest you get in touch with DBS and find out the contact details of the force which placed the data on the records and then write to that police force and ask them to remove the information.

Ask Your Own UK Employment Law Question
Customer reply replied 4 years ago

Hello


 


Thank you very much for your advice. I have heard about the possibility of challenging the data disclosed as 'additional information', however been also told this would be a lenghty and costly process unlikely to result in having the information removed.


 


I wonder what has happened to the 'innocent until proven guilty' principle but I guess nobody can answer that question for me.


 


Thank you for your time, your advice is appreciated.

Hi

The process is neither lengthy nor expensive. It requires some patience and work on your part but ultimately it could be beneficial to you.

It only becomes expensive if you seek professional help and/or decide the Judicially Review the police decision. Even then legal aid may be available to assist you.

The standard of proof, innocent until proven guilty, only applies to criminal trials.

Please remember to rate my answer so that I am credited for my time.

Alex
Alice H
Alice H, Solicitor/Partner
Category: UK Employment Law
Satisfied Customers: 2,850
Experience: Partner in national law firm with 25 years legal experience
Verified
Alice H and 87 other UK Employment Law Specialists are ready to help you
Ask your own question now
Ask Alice H Your Own Question
Alice H
Alice H
Alice H, Solicitor/Partner
Category: UK Employment Law
Satisfied Customers: 2,850
2,850 Satisfied Customers
Experience: Partner in national law firm with 25 years legal experience

Alice H is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

8,999 satisfied customers

Qualified Employment Solicitor - Please start your question with 'For Ben Jones'

Jenny McKenzie

Jenny McKenzie

1,919 satisfied customers

10 Years of experience in Employment Law and HR

UKSolicitorJA

UKSolicitorJA

Solicitor

390 satisfied customers

solicitor

John Knox

John Knox

Solicitor

72 satisfied customers

Solicitor and Advocate

Kasare

Kasare

Solicitor

35 satisfied customers

LLB (Hons)

Buachaill

Buachaill

Barrister

23 satisfied customers

17 years experience

INC

INC

Solicitor-Advocate

22 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

< Previous | Next >

Related UK Employment Law Questions
Where do I stand in respect of claiming back unpaid overtime
Where do I stand in respect of claiming back unpaid overtime and holiday payments that are contrary to the terms and conditions that I carried over a point of transfer. … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
8,999 satisfied customers
Can an employer go from a counseling session with a employee
Can an employer go from a counseling session with a employee and then go to a final warning . Also can they demote someone and deduct 9k from they're wages .… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
1,919 satisfied customers
My husband worked for a company for 10 months but it was
For Ben Jones My husband worked for a company for 10 months but it was going nowhere so he gave his notice into the company his wage for this was £25.000 pa The owner then offered a job on a self empl… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
8,999 satisfied customers
Do I have the right to refuse using a thumb print method of
Do I have the right to refuse using a thumb print method of clocking in … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
8,999 satisfied customers
I have worked for my company for 11 years 5 of which have
I have worked for my company for 11 years 5 of which have been a manager. We have missed one quarters targets my boss has told me he doesnt want me to manage my branch anymore as he beleives I have ta… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
1,919 satisfied customers
I have been accused of falsifying my time sheets and
Hello, I have been accused of falsifying my time sheets and fraudulently claiming money for times that I have not worked. It was during a period of 11, 12-14 hours night shift (I usually work days, bu… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
8,999 satisfied customers
I am employed by a large online design agency in India (I am
Hi, I am employed by a large online design agency in India (I am in the UK) and am experiencing harassment and bullying. Is there anything that can be done legally, as I am losing my job due to this. … read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
1,919 satisfied customers
Can you assist. I was recently dismissed by my employers for
Good morning. Please can you assist. I was recently dismissed by my employers for alleged gross misconduct with payment in lieu of notice (PILON), but I was never invited for or had an investigation m… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
1,919 satisfied customers
Whether the graduate jobs in UK are available to only the
Whether the graduate jobs in UK are available to only the specific graduates from the certain field?… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
8,999 satisfied customers
I have just started to work in an hotel three days ago but
I have just started to work in an hotel three days ago but do not wish to carry on working there. Actually, I intend to give them a resignation letter tomorrow. I haven't sign any contract nor documen… read more
T_Graham12
T_Graham12
Bachelor's Degree
36 satisfied customers
I need some advice on my notice period. I intend to give my
no. I intend to give my bosses my letter of resignation on Monday 4 december. In my key terms of employment (i never signed a contract) it says i need to give 4 weeks notice period. … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
8,999 satisfied customers
I have been suspended for shouting at a patient and accused
Hi I have been suspended for shouting at a patient and accused of having my hand risen to slap him when in fact it was in defence as the patient hd just hit me.. A manager walkd in to the room at that… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
8,999 satisfied customers
I was sacked at the very end of my trial period and then
Hi. I was sacked at the very end of my trial period and then received no wages, I issued a claim through a small claims court to retrieve the money owed and this was ignored by my ex employer. A judgement was then entered against him and he has issued an N244 form, denying that the judgement should be in his name. I have been given a notice of hearing which occurs next Thursday but have strong objections to his statements and the details he has presented in support of his application. I wish to present my case but don't know how to go about doing so... … read more
Jamie-Law
Jamie-Law
5,079 satisfied customers
My employer has just introduced ssp, previously all
Hi my employer has just introduced ssp, previously all employees were granted up to six days paid leave, before any bonus was deducted from pay. Due to what they term as abuse and staff seeing the six… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
1,919 satisfied customers
If there is a incident out off work time with a colleague
If there is a incident out off work time with a colleague that is nothing to do with work can there be an investigation into this by the companyor HR.… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,508 satisfied customers
What is the minimum break period required by law between
Hi what is the minimum break period required by law between seasonal contracts before the worker is considered permanent … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
8,999 satisfied customers
I need some help i have a clause in my employment contract
I need some help i have a clause in my employment contract which states this: … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
8,999 satisfied customers
I am currently facing a disciplinary hearing for gross
For Ben Jones,I am currently facing a disciplinary hearing for gross misconduct at work. The charges are unjust and there are mitigating factors. But it would be difficult for me to defend myself as i… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
8,999 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x