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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 48162
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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i recently worked in a care home . A resident complained to

Resolved Question:

i recently worked in a care home . A resident complained to the management that someone had stolen a bottle of drink and consumed it withouy her permission. She accused me of the offence which I did not do , The home suspended me and carried out their investigation and decided I was to be sacked as I was guilty of the offence. Their are no witnesses and no CCTV evidence - just the residents word against mine. Meanwhile i am now finding it almost impossible to get another job because of this black XXXXX XXXXXging over me . I cannot prove my innocence yet they cannot prove me guilty . In a court of law im sure it would not stand up . Can i go to an Industrial Tribunal and claim unfair dismissal as at the moment I caanot prove my innocence ????
Submitted: 5 years ago.
Category: UK Employment Law
Expert:  Ben Jones replied 5 years ago.
Hello and thank you for your question, which I will be happy to assist you with. Please let me know if you have any other disciplinaries?
Customer: replied 5 years ago.
for Ben Jones only. One disciplinary hearing which then resulted in my dismissal. I had only worked here for 4 months . Previously was Manager of a Retail business for 12 years with un unblemished record.
Expert:  Ben Jones replied 5 years ago.
Thanks for this information. I'm just travelling at the moment but I can pick this up tonight if thats OK?
Customer: replied 5 years ago.
for ben jones only. Thats fine will pick up the answer in the morning.
Expert:  Ben Jones replied 5 years ago.
Expert:  Ben Jones replied 5 years ago.
Thanks for your patience. If you have been employed at your place of work for less than 12 months then your employment rights will be limited. Most importantly, you will not be protected against unfair dismissal. This essentially means that your employer can dismiss you for any reason, as long as its decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, holidays, for Trade Union activities, etc). In the event that the reason for dismissal was discriminatory, you can make a claim for discrimination in an employment tribunal as there is no minimum service required to claim, although you would need to provide some evidence to back up your claim. If the dismissal was for you trying to assert your statutory rights then that will be an automatically unfair dismissal and again there is no minimum service required to claim.

If your dismissal was not based on any of the above grounds, your only protection would be if you were not paid your contractual notice period. Unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.

If you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given. There is a 3-month time limit to submit the claim.

Please press Accept for the advice given so far. If necessary, I can then provide further advice and guidance as required and answer any specific questions you may have. Thank you
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