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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 44874
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was accused of threaenning someone at work. which is not

Customer Question

I was accused of threaenning someone at work . which is not true. also they have no proof. what can I do please help
JA: Got it. The Employment Lawyer will know how to help you. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Employment Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: a guy started shouting at me and using abusive wsords he then shouted I was going to hit him and he went to the hr and reported me iwas working at the time there is a camera in the room which would bear out what I am saying but iwas told the footage was not clear. they have told me I may be disaplined for this .but the guy who accused me of this has no proof so how can I be answerable to this
JA: Is there anything else important you think the Employment Lawyer should know?
Customer: their was also no witnesses to the matter and I have been accussed of this before also no witnesses and they mentioned that also in the talk I had with them
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 9 months ago.
Category: UK Employment Law
Expert:  Ben Jones replied 9 months ago.

Hello. Do you have a specific question about this please?

Customer: replied 9 months ago.
I have done so what can I do if they dismiss me at work
Customer: replied 9 months ago.
hello
Expert:  Ben Jones replied 9 months ago.

Sorry my connection dropped earlier. How long have you worked there for?

Customer: replied 9 months ago.
8 years
Customer: replied 9 months ago.
please answer
Customer: replied 9 months ago.
helllllllllllllllllllloooooooooooooooooooooooooooooooooooooooo
Customer: replied 9 months ago.
do you intend to answer or do I sit here like a lemon???
Expert:  Ben Jones replied 9 months ago.

Hello sorry I was offline by the time you replied. have you been suspended for this?

Customer: replied 9 months ago.
no
Expert:  Ben Jones replied 9 months ago.

At this stage there has only be an allegation so there is no automatic assumption of guilt and does not amount to disciplinary action. Before this proceeds any further the employer should conduct a reasonable investigation into the allegations against you. If the investigation gathers enough evidence to justify the taking disciplinary action that could be the next step. In that case you have the right to be informed in advance of the allegations against you and be given the opportunity to prepare for the hearing.

On the other hand, if the investigation does not find enough evidence to justify a disciplinary, the employer should allow you to return to work as normal.

I understand that you maintain you did not do anything wrong and that may indeed be the case but the employer does not know that yet. It is essentially your word against the other employee’s, assuming there were no other witnesses. They will need to try and investigate the facts to see if they can work out what actually happened. This would depend on the credibility of evidence provided by you and the person making the allegations. So despite your innocence the employer could still take this further and ask you to formally defend yourself but hopefully the truth will eventually prevail.

This is your basic legal position. I have more detailed advice for you in terms of the law on disciplinaries relating to alleged misconduct and what is expected of an employer, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you

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