How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47881
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I am on maternity leave and was called by my HR manager and

Customer Question

I am on maternity leave and was called by my HR manager and asked if I could call in for a word about something. I responded I could be there within the hour but would have my baby with me.
When I arrived I was told it was investigatory meeting into some payments that had been made into my bank account.
I admitted the theft.
I was told that the next step was a formal hearing with the Chief Exec and I could have it then or at a later date where I could have an independent person with me. I opted for then and at the hearing was sacked for gross misconduct.
This was 5 days ago, how quickly should I expect the write up from them?
Was this done correctly?
Do they have to pay me up until the date they sacked me?
Do they have to continue paying me SMP?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
JACUSTOMER-ge6ok0mf- : Thank you, ***** ***** worked there for 5 years
Ben Jones :

Hello, there is no specified time within which the employer should confirm the dismissal but obviously a reasonable period is expected and that could be from a few days to maybe a couple of weeks. If you have not heard anything by 2 weeks after the hearing then I would contact them to ask for formal confirmation of the dismissal. You should also be given the chance to appeal.

You would still be entitled to be paid for everything due, including accrued holidays, up to the dismissal date. You would also be entitled to receive your SMP as that is not dependent on you still working for them or being sacked. However, if you were receiving enhanced company maternity pay then that can be affected and you may even have to repay some of that, depending on what was in your contract.

As far as the procedure followed, I do have some concerns. Whilst you can still be sacked whilst on ML, the employer is still required to follow a fair procedure, as per the ACAS Code of Conduct. This would require then to conduct an investigation, ask you to attend a formal disciplinary hearing where you could be accompanied by a trade union rep or a colleague, giving you the chance to defend yourself and then making a decision, which you can appeal if needed. In your case they went straight in for the disciplinary hearing without having provided you with the evidence or the allegations in good time before that. However, you did agree to proceed there and then and also if the employer can show that even if they had followed a fair procedure the outcome would have been the same then any potential compensation could be reduced to zero. As you were guilty of the allegations that is quite likely so I am not confident an unfair dismissal claim would stand here.

Hope this clarifies your position? If you could please let me know that would be great, thank you

JACUSTOMER-ge6ok0mf- : Thank you, ***** ***** wait until two weeks before contacting them.
JACUSTOMER-ge6ok0mf- : After I'd left the building they made an announcement to other members of staff that I had been sacked for stealing thousands of pounds, I am assuming they are allowed to do this?
Ben Jones :

Sadly yes, it is the truth (as far as the disciplinary was concerned and the fact you admitted it) so they are not doing anything wrong by mentioning this

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
Good evening I was expecting an electronic payslip from my employer this afternoon as we are paid on the 5th of the month. I have not received the payslip I believe my employer may be withholding my pay due to me stealing from them. Can I confirm that there are no circumstances where they are allowed to do so, are they allowed to pay me late? Many thanks
Customer: replied 2 years ago.
For Ben Jones
My employer has contacted me through their solicitor stating that thry will not be paying me any monies unless I reimburse them for the money I've stolen. Is this legal? What can I do?
Expert:  Ben Jones replied 2 years ago.
the employer cannot withhold your wages even in the event of theft by the employee - they need a specific written clause allowing them to do so or your consent. they can try and pursue you for the money through other channels, such as civil court action or through the police but they need to do that separately