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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48485
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi , I was working for a company for three years and seven

Resolved Question:

Hi ,
I was working for a company for three years and seven months.
Two weeks ago ,they call me to go to the head office to talk to me .They said that three years ago I employee three peoples with fake documents.I didn't know that the documents was fake ,that is the reason I send the documents to the head office to be check because I wasn't be training to check documents.
So they dismissed me.
Just I want to know it is fair dismissed.
One more thing ,there was more peoples employee people with fake documents ,but there are still working with them .

Many thanks,
Maria
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how you know did you employ these people.

Customer:

One was working with the company before and another two they was calling me looking for a job. After two months they was looking for a room to leave and I was renting a big house and they move with me.

Customer:

how long will take to give me an answer ?

Ben Jones :

Thanks for your patience. Did the employer conduct an investigation into the allegations, did you have to attend a formal disciplinary hearing?

Customer:

yes .

Customer:

First it was suspension letter and after two weeks I receive disciplinary letter .When they was doing the disciplinary after one hour the take the decision:dismiss

Ben Jones :

You have basically been dismissed on grounds of misconduct. Misconduct is a common reason for taking disciplinary action and it is also a potentially fair reason for dismissal under the Employment Rights Act 1996. It could be a single act of serious misconduct or a series of less serious acts over a period of time.


 


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.


 


If there are any doubts or evidence that the above requirements have not been satisfied, an appeal can be submitted to the employer straight after the disciplinary outcome is communicated. If the appeal is rejected a claim for unfair dismissal can be made in the employment tribunal. The time limit to claim is 3 months from the date of dismissal and the claimant needs to have at least 2 years' continuous service with that employer.


 

Customer:

Sooo ,Is nothing which I can do.

Customer:

Thank you very much

Ben Jones :

not necessarily, you can still appeal and claim unfair dismissal if you believe that the employer has not followed the correct procedure or that there is evidence to suggest that you were not guilty

Customer:

can you please help me with this ?

Customer:

do you want to come with me for appeal?

Customer:

or help me to do the appeal letter..

Customer:

thanks

Ben Jones :

we cannout assist outside of this site unfortunately, that is part of the terms and conditions. Also you can't have anyone with you at the appeal apart from a colleague or a trade union representative

Customer:

thank you very much ,

Customer:

Ramona Andrei

Customer:

can i close?

Ben Jones :

You are welcome and best of luck if you decide to pursue this further

Customer:

thanks ,but just I found another job better then the previous one .

Customer:

thanks again

Ben Jones and other Employment Law Specialists are ready to help you