Help with ex-employer

[Guiness76]

I am hoping someone will be able to help me asap, as I am being interviewed at under caution tomorrow.

Due to my employer having issues paying me last year (May) I left her employment, I was a carer for her. I left giving no notice and wrote a letter to her explaining my reasons for leaving and receieved a few texts afterwards from her stating that she was sorry and that it was due to her having funds taken away by the local authority. She had given me a signed cheque for wages in advance for when she received the funds into her account. it was a further two weeks before this happened and she eventually paid me directly to my bank account.

I was also owed two weeks salary on leaving and approx two weeks leave. To cut a long story short she eventually said to cash the cheque for monies that I was owed. This I did believeing it was the end of the matter, although I have never received a final wage slip or p45 from her.

Last August (2011) I had a visit from the police advising me that she had accussed me of stealing the cheque, I explained what had happened to the officer and also showed him the texts that luckily I had kept from her. I heard no more from them and assummed that was the end of the matter.

This morning I have received a telephone call to say that I am to be interviewed under caution and have arranged to go in tomorrow to get it over with as they will not discuss it over the phone. I am terrified and have never been in trouble before. Is this an offence I did not steal the cheque it was given to me signed by her.

Any advice woudl be much appreciated before I go out of my mind with worry.

[charitynjw]

Re: Help with ex-employer

Hi Larabrooks, & welcome to Lgal Beagles.

Obviously your situation is outside of normal employment issues.
We have a very knowledgable ex-policeman on board - he's not logged on at the moment, but I will PM him for you.

Edit - PM sent

[Guiness76]

Re: Help with ex-employer

Thankyou very much charitynjw, I appreciate the help.

[charitynjw]

Re: Help with ex-employer

Lol - there's never an (ex) policeman around when you need one, is there!

Meanwhile, interviews under caution fall under Code E, Police & Criminal Evidence Act (PACE)

And no, it is not an offence to cash a cheque which you believe has been given in good faith

Code E
http://www.homeoffice.gov.uk/publica...-e?view=Binary

But it will be worth waiting for Bluebottles* advice.

*His username, btw>

[charitynjw]

Re: Help with ex-employer

Code C is also applicable

Commentary on Code C
http://www.yourrights.org.uk/yourrig...nterviews.html

http://www.rahmanravelli.co.uk/pr/pr-08-02.pdf

[charitynjw]

Re: Help with ex-employer

http://www.peterborough.gov.uk/commu...r_caution.aspx

[bluebottle]

Re: Help with ex-employer

Okay, Larabrooks.

The reason you are being interviewed under caution is because of the allegation your former employer has made against you. Theft is an indictable offence by virtue of Sections 24/24A, Police & Criminal Evidence Act 1984 (PACE) and the offence is created by Section 1, Theft Act 1968.

You say that you were given a signed cheque in advance of funds being credited to your bank account. You also say you were owed two weeks' wages plus two weeks holiday. You then say that your former employer told you to cash the cheque she had given you for the wages and holiday pay you were owed.

It is a legal requirement for an employer to pay an employee for all and any work carried out in their service. Failure to do so will incur the wrath of HMRC and an appearance in front of the local magistrates' court. It is also a legal requirement for your former employer to provide you with a statement of pay (aka a wage slip) showing gross pay and any statutory deductions, including any occupational pension contributions. It is also a legal requirement to provide you with HMRC Form P45 on leaving an employer's service. This should be given to you on your last day of employment.

It sounds very much to me that your former employer has not been keeping proper records, as they are required to do, and has had a visit from a Scrutiny Officer or an Auditor. It also sounds to me that she cannot explain certain payments and has made the allegations. Believe me, it does goes on.

It is for your accuser and the police to prove the allegations beyond all reasonable doubt.

Unfortunately, when the police send you invitations like the one you have received, refusing to accept is not an option, because they will arrest you without hesitation. Please remember that this interview is your chance to explain what you know. Also, at the interview, the police must tell you what gives them grounds to have reasonable cause to suspect you of Theft.

My recommendations to you for tomorrow are as follows -

1) The police are required to inform you of your rights under PACE, verbally and in writing. They will also inform you that you are entitled to look at the Codes of Practice under PACE. I would strongly advise to ask to see them.

2) You will be asked if you would like anyone informed of your whereabouts. I would strongly advise you to have someone informed.

3) You will be asked if you would like a solicitor present when you are interviewed. You have the option of a solicitor of your choosing, at your expense, or the Duty Solicitor, at public expense. I would go for the Duty Solicitor and do not answer any questions without legal representation.

4) If any police officer tries to ask you any questions prior to the arrival of the Duty Solicitor, either inside or outside the interview room, this is a breach of PACE. If it happens, ask to speak to the Duty Officer, who will be an officer of the rank of Inspector.

5) The interview will be conducted in a tape-recorded interview room or a video-recorded interview room, depending on what technology your local police force uses. By law, the tape-recording equipment must not be pre-loaded and the recording media must be shown to you, in sealed wrapping and unsealed and place in the recording equipment in your presence. If this is not done, anything you say may not be admissible as evidence.

6) You are entitled to consult your legal representative at any point during the interview. If you feel the interview is being conducted in an aggressive or oppressive manner, you should inform you legal representative at once and seek their advice. Sometimes, a legal representative will intervene and warn the interviewing officer(s) of any unacceptable or unlawful behaviour.

7) DO NOT RISE TO ANY BAIT, NO MATTER HOW MUCH YOU ARE PROVOKED. Some police officers delight in winding people up by suggesting you have committed the offence or asking leading questions in order to get a reaction from them. Not only is this not permitted under PACE or the laws and rules of evidence, it is also a breach of professional standards and the Police (Conduct) Regulations 2008.

8) Police are not allowed to detain people unless they have evidence to so justify detention. If, at the end of the interview, you are arrested, which I would be very surprised to learn had happened in your case, there are provision under the Codes of Practice under PACE with regard to a person being held in police custody.

Without any more detailed information, that is as I am able to advise you. Even though I am now retired from the police force, I am not allowed to obstruct serving police officers in the execution of their duty or investigation of an offence or alleged offence.

Once you know what is happening, please come back onto this thread and let us know, unless you are told otherwise.

Bluebottle

[teaboy2]

Re: Help with ex-employer

Also take your phone with you and show them the text message telling you to cash the cheaque etc.

[Guiness76]

Re: Help with ex-employer

Thank you everyone for your help, only just logged on tonight after what has been an horrendous few days.

Bluebottle - thank you for explaining everything in detail, I was treated appropriately and did opt for the duty solicitor as its daunting being interviewed like that and you feel lik,me you are a criminal already even though you have done nothing wrong. The police officer was actually really nice, and even though I managed to hold it together all through the interview I promptly burst into tears on it ending, he even made sure I was ok to drive home.

Thanks to Charity to for bringing this to Bluebottles attention.

The duty solicitor thinks that there should be no case to answer, they had requested the cheque from the bank and it was written signed and everything by the employer etc etc, he says it is a case of word against word and that he doubts matters would proceed. Iwasnt arrested I was told I was here of my own free will and could leave at any time. The case is being referred to the CPS now to decide whether I shoudl be proscetued and I will hear in due course, which could be weeks, still terrified that I have to live in limbo for next few weeks.

[Hurricane Puffrose]

Re: Help with ex-employer

if you need someone to talk to while you wait for the answer, there is always one of us about, feel free to PM me if you need to.

P

[charitynjw]

Re: Help with ex-employer

Good news, Guiness76!

[teaboy2]

Re: Help with ex-employer

Thank you everyone for your help, only just logged on tonight after what has been an horrendous few days.

Bluebottle - thank you for explaining everything in detail, I was treated appropriately and did opt for the duty solicitor as its daunting being interviewed like that and you feel lik,me you are a criminal already even though you have done nothing wrong. The police officer was actually really nice, and even though I managed to hold it together all through the interview I promptly burst into tears on it ending, he even made sure I was ok to drive home.

Thanks to Charity to for bringing this to Bluebottles attention.

The duty solicitor thinks that there should be no case to answer, they had requested the cheque from the bank and it was written signed and everything by the employer etc etc, he says it is a case of word against word and that he doubts matters would proceed. Iwasnt arrested I was told I was here of my own free will and could leave at any time. The case is being referred to the CPS now to decide whether I shoudl be proscetued and I will hear in due course, which could be weeks, still terrified that I have to live in limbo for next few weeks.

Hi if they got the cheque from the bank and it clearly shows it was written out and signed by your employer, then it certainly is not your word against hers, you have clear evidence she signed it, and any hand writing specialise could back that up. Your ex employer should be facing charges of wasting police time and making false accusation.

[Guiness76]

Re: Help with ex-employer

Thats what you would think Teaboy but it would seem not, she is saying that she wrote the cheque out but didnt give it to me, and I stole it, why would you write a cheque date it and sign it then not give it to the person, its beyond me I would have thought it was clear cut. Initially I think she made accusations that the cheque had been in some way altered by me, the police officer stated this but glossed over it rather quickly, but now they have the cheque in their possession they can see this isnt the case. I just have to keep praying that someone in CPS sees it for what it is.
------------------------------- merged -------------------------------
Thanks Puffrose and charity.
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Oh and I have still not recieved my final pay slip or P45 nearly a year down the line.

[Celestine]

Re: Help with ex-employer

Sorry to hear the problems you're experiencing.

Looks like this will come to absolutely nothing from what I've read.

Just one question: Are you using your real name as your username? If so I'll happily change it.

Cel x

[Guiness76]

Re: Help with ex-employer

Celestine it would be great if you would change it bit naive of me!!