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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
Satisfied Customers: 38350
Experience:  Expert in UK Employment Law
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I have been working for BMI airline for five year.There was

Resolved Question:

I have been working for BMI airline for five year.There was a laptop which was lost
in plan by one of our (BMI) airline passenger at 28th of April 2011, and its been found from my house at July/2012. As i have been asked by police, Have u ever used this laptop and that's how i took them there where the laptop was.
My work asked me how did this laptop found to your house?
I told them, that this laptop was belong to fahad riaz who use to share a house with us but now he got deported and left his all belonging to my house
he left:
*his Posport
*his clothes
*his bank cards
*his driving licence
*his laptop
*and so on.
I got the statement from the guy who used to share his roam with him stating that it is belong to him.
fahad riaz send them email as well sating that it is belong to him and took it from Sunday market.
but they did not trust on me and they sacked me.
I took this matter in employment tribunal court and I got a hearing for this at 31 of jun 2013.
i do not know what to do?
can you give me some advise that what document should i take it?
and how many chance do i have to win?

They got no prove that I got this laptop. and they sacked me that i stole a laptop not on the basis of doubt.

i have got criminal case aswell which is in court and they charged me on the police station for handling stolen good. i got a hearing for it on 29th of july 2013
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What stage of the employment tribunal process are you at now?
Customer: replied 1 year ago.
I need to provide all bundle of documents and then i will for my hearing. i think,which is last stage.
Expert:  Ben Jones replied 1 year ago.
First of all I must make it clear that I cannot advise you on what your chances of winning are. This is something reserved for a solicitor who you formally instruct and who will have the chance to look at all the documents and evidence, speak to you face to face and conduct a full case analysis. This is unfortunately not possible on a Q&A website such as this one.

In relation to the documents which you must disclose, you have a duty to disclose ALL relevant documents to this case, whether they help your case or not. So any documents in your possession which are relevant to this claim must be disclosed to the other side and the tribunal.

When it comes to the actual law in relation to your dismissal, in order to justify that dismissal on grounds of misconduct was fair, the law requires that the employer:
• Carries out a reasonable investigation;
• Follows a fair disciplinary procedure;
• Has reasonable grounds for believing the employee was guilty; and
• Show that dismissal was a reasonable decision that a reasonable employer would have taken in the circumstances.

I will deal with these requirements in more detail:

1. Investigation - what is a reasonable investigation depends on the case and what resources are available to the employer. However, an employer is only expected to go as far as is reasonably practicable in the circumstances and they would not be expected to conduct a forensically detailed investigation.

2. Disciplinary hearing - if the investigation produces evidence that misconduct may have occurred then the employee should be invited to attend a formal disciplinary hearing. They must be given prior notice of the hearing, including details of the allegations and any evidence to be used against them. They have the statutory right to be accompanied at the hearing but only by a trade union representative or a colleague. At the disciplinary hearing the employee must be given the opportunity to defend the allegations.

3. Decision - if, as a result of the investigation and the disciplinary hearing, the employer holds a genuine belief that the employee was guilty, they can go ahead and dismiss. When deciding on whether to dismiss, the employer should consider the employee's length of service and disciplinary record. Therefore, longer service and a clean disciplinary record should result in the employer giving more thought into deciding what action to take.

4. Penalty - unless the offence in question amounts to gross misconduct (i.e. something so serious to justify instant dismissal), the ACAS Code of Practice recommends that the employee should be issued with a warning first. If any further misconduct occurs in the future, only then should dismissal be considered.

In summary, an employer is not expected to prove that the alleged misconduct had definitely occurred. A dismissal can be fair if the employer can meet the above requirements.

This is what the tribunal will look at when they decide whether you have a valid claim and whether the employer had acted correctly in this case.

I would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you
Ben Jones, Solicitor
Satisfied Customers: 38350
Experience: Expert in UK Employment Law
Ben Jones and other UK Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
hi Ben Jones,I have not given any other warning before related this.i do have a written (not last)warning for coming late.So what do you think should i go to the court with any barrister or my self?or give me some advise what should i do?
Expert:  Ben Jones replied 1 year ago.
Do you have a lawyer yet?
Customer: replied 1 year ago.
not yet.
Expert:  Ben Jones replied 1 year ago.
The issue with getting a barrister to represent you is that it will b very expensive and without any guarantee you will win. A barrister will charge several hundred pounds a day just to be there and if you lose you will still have to pay them. As you are claiming for unfair dismissal it would be for the employer to justify to the tribunal that your dismissal was fair, rather than for you to show that. Therefore, a large proportion of the claim will be left for the employer to deal with. You can try and find an employment solicitor that may do a deal, similar to a no win no fee agreement but these are quite rare and you will more than likely have to pay something at some stage
Ben Jones, Solicitor
Satisfied Customers: 38350
Experience: Expert in UK Employment Law
Ben Jones and other UK Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
what do you think i should say in the court with these prove?
1: Fahad statement from pakistan (he admit it in the statement)
2: jamshaid (the guy who used to share a roam with him) statement.
3: His Pasport which proves he left his all belonging into this house including his laptop.
Customer: replied 1 year ago.
I have some documents to show you. is there any way i can attach those documents to you? so that i can show you
Expert:  Ben Jones replied 1 year ago.
Sorry I am not clear about what your follow up question is?
Customer: replied 1 year ago.
i was just wondering that i can show you all documents. so you can give me a advice that i should go to the court or not.
Expert:  Ben Jones replied 1 year ago.
Everything that is relevant to the case has to be included
Ben Jones, Solicitor
Satisfied Customers: 38350
Experience: Expert in UK Employment Law
Ben Jones and other UK Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Basically, I have recived a letter from bmi,s solicitors sating that your case is not strong enough to win so if you loose you will have to pay our fees which is £20,000. That's way, I want to ask you is it worth to go to the court with those prove or not?
Customer: replied 1 year ago.
yes, I totally agree with it. but he said it in his statement that he took it from open market 7 month ego. and the guy who used to live with him he has given a statement that it is his laptop and he is the one who brought it into my house when he came to live (zeeshan) my house.and there is an other statement from the guy who use to live with him before on an other property, he is his cousin and he is willing to give a statement as well that he was use to live with him and he saw this laptop with him.Basically, I have received a letter from BMI,s (my company)solicitors sating that your case is not strong enough to win so if you loose you will have to pay our fees which is £20,000. That's way, I want to ask you is it worth to go to the court with those prove or not?his passport, his driving licence, his post and his laptop proves that he left his all belonging to my house. and now he is in Pakistan. and I can get his deportation documents too to prove that he is in not in U.K+ I have 2 witness who says that its his laptop.
Expert:  Ben Jones replied 1 year ago.
If you take this to the employment tribunal, you are unrepresented and you genuinely believe that you have a case, it is rare that the tribunal will order you to pay the respondent's costs. I cannot advise you if you have good prospects of success though as that is something that only a solicitor can do, who has been formally instructed by you and who has had the chance to examine all documents and evidence about your case
Customer: replied 1 year ago.
if you are not allow to tell me that if I have a case or not,Than fair enough but if you are allow to tell me then I have told you that I have those previous email documents and what do you think that do I have a case or not?
Expert:  Ben Jones replied 1 year ago.
Unfortunately this is not part of our service. We can give you advice on your legal rights and what you can do to pursue them, but when it comes to giving you prospects of success then that is not something we can do as we are just a Q&A website. To get this you need to see a solicitor in person
Ben Jones, Solicitor
Satisfied Customers: 38350
Experience: Expert in UK Employment Law
Ben Jones and other UK Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

can you explain me about what is the different between on the ground of theft and on the ground of resolvable belief?


 


I got sacked on the ground of theft.


but, They do not have any prove that I stole it. as i did not.



They sacked me on the ground of theft instead sacking me on the ground of reasonable belief.


 


Do you think should i go further for this case?

Expert:  Ben Jones replied 1 year ago.
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