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I've been suspended with full pay following an incident two…

Customer Question
I've been suspended with...

I've been suspended with full pay following an incident two days ago where I mistakenly took customers money home

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

This is based in the U.K. Is that an issue?

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Part time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am currently dealing with depression and health issues

Submitted: 10 months ago.Category: UK Law
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Answered in 32 minutes by:
9/24/2017
Solicitor: Ben Jones, UK Lawyer replied 10 months ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 51,214
Experience: Qualified Solicitor
Verified

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

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Solicitor: Ben Jones, UK Lawyer replied 10 months ago

How long have you worked there for?

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Customer reply replied 10 months ago
Close to a year
Solicitor: Ben Jones, UK Lawyer replied 10 months ago

Thanks and what do you specifically wish to know about this?

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Customer reply replied 10 months ago
What is the likely outcome of my hearing
Solicitor: Ben Jones, UK Lawyer replied 10 months ago

Are you actually attending a formal disciplinary?

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Customer reply replied 10 months ago
The disciplinary hasn't happened yet
Solicitor: Ben Jones, UK Lawyer replied 10 months ago

Well the outcome could be anything from no action, to a warning, all the way up to dismissal. But I cannot advise you what will actually happen - it is for the employer to do so. They have the right to consider the allegations and what the most appropriate outcome is.

The main issue for you is that if you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on a reason which makes a dismissal automatically unfair. These include:

· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

· Taking, or trying to take, leave for family reasons including pregnancy, maternity leave, paternity leave, adoption leave, childbirth and parental leave

· Making a protected disclosure (i.e. whistleblowing)

· Being a part-time worker

However, if the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it. In that case your only protection would be if you were dismissed in breach of contract. That could happen if you were not paid your contractual notice period (unless you were dismissed for gross misconduct) or the employer had not followed a contractually binding dismissal procedure. 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.

So I would hope they consider any mitigating factors and only issue a warning but be prepared that a dismissal is an option as well and you will unlikely be able to challenge it.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the actual legal position. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

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Solicitor: Ben Jones, UK Lawyer replied 10 months ago

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

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Solicitor: Ben Jones, UK Lawyer replied 10 months ago

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks

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Customer reply replied 10 months ago
No, I dont feel my question was answered, I wanted to know if my situation would lead to me losing my job or just having a written warning, I accidentally forgot to hand in £40 left behind by a customer due to personal issues and health issues, this is the first time this has ever happened to me and it was completely unintentional.
Solicitor: Ben Jones, UK Lawyer replied 10 months ago

What you are asking is something only the employer can answer - no one apart from them knows whether this will end up in dismissal or not. SO I cannot tell you whether you will be dismissed here - I do not have a crystal ball to answer that. But it can easily result in dismissal especially as mentioned because you have no protection against it. SO if the employer wanted to dismiss, they can do it quite easily and legally, even if you had done nothing wrong and you managed to prove you were 100% innocent. Does this clarify?

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Customer reply replied 10 months ago
Isn't that against some sort of law to dismiss me even if I proved I was innocent?
Solicitor: Ben Jones, UK Lawyer replied 10 months ago

Not when you have less than 2 years service - dismissing you when you prove you are innocent only affects the fairness of the dismissal, but as mentioned as you get no protection against unfair dismissal in the first 2 years they can dismiss you even if you can fully prove your innocence. Does this explain things for you?

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Customer reply replied 10 months ago
it doesn't matter if I defend myself and the truth of what happened, they can fire me regardless and ruin my prospect of getting a new job
Solicitor: Ben Jones, UK Lawyer replied 10 months ago

You cannot avoid the dismissal even if you prove you were entirely innocent. But you can challenge an incorrect or misleading reference if it for example gives wrong information which can be proven to be incorrect. But this would be separate advice so please leave your rating for the answers so far and then I can discuss the reference position for free, thanks

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Solicitor: Ben Jones, UK Lawyer replied 10 months ago

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

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Customer reply replied 10 months ago
No, but it doesn't matter anymore, goodbye
Solicitor: Ben Jones, UK Lawyer replied 10 months ago

Sorry there is not much I can do to change the law but please do not shoot the messenger just because I am telling you the truth

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