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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47363
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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An ex employee was dismissed and she has appealed and has summon

Customer Question

An ex employee was dismissed and she has appealed and has summon used me as a witness to her case I have not been in contact with her since before she was dismissed I don't know what her case is but my employer wants me to attend I am not happy with this because I could be caught up in this case I would like to know what are my rights if I refuse to go to her appeal my position in this council is that I am still on my 6 months probation and because of this case the council has not done my permanent contract as yet so what would you suggest I should do
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. So to confirm you are being required to attend an internal appeal, not at court or tribunal?
Customer: replied 2 years ago.
Yes internal appeal
Expert:  Ben Jones replied 2 years ago.
It is not uncommon to be faced with reluctant witnesses in disciplinary proceedings. Whils5t an employer could try and persuade you to attend and provide evidence, they cannot force you to do so. Therefore, the final decision on whether you attend lies with you. The issue here is your length of service. 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 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, etc.). So if the employer believes that you are being difficult or uncooperative they can potentially discipline you or even dismiss you, without you being able to challenge that. The fact you are not legally required to attend as a witness has no bearing on your rights against dismissal. So it is a matter of deciding what is a lesser risk – potentially getting caught up in this, or upsetting your employer by becoming a reluctant witness. There is no right or wrong answer – it really depends on how the employer views this and if they treat it as a serious issue on your part. It is impossible to state how they would view this – it is an individual decision for them. I suggest you discuss your views with them before making a decision as that could give you some indication on whether they feel strongly about you attending or not. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.
Hello
Expert:  Ben Jones replied 2 years ago.
Hi, did you get my response above?
Customer: replied 2 years ago.
Can I say because she has not contacted me personally to be a witness but had asked the company to call me on her behalf would I be wrong in telling her I need to be briefed by her and her representative
Expert:  Ben Jones replied 2 years ago.
it is not necessary for her to have contact you personally for this - the request can be made through the company - after all you are still their employee and they should be involved in the process.
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi Ben if I have continuous service but this job is for another council should I be on probation
Expert:  Ben Jones replied 2 years ago.
You could be on probation that can happen in any new post regardless of continuous service. Probation is just an internal performance monitor
Customer: replied 2 years ago.
So could you be dismissed with just a weeks notice then or do they have to take isn't consideration your continuous service
Expert:  Ben Jones replied 2 years ago.
With notice you would still be entitled to more than a week as continuous service would count and be taken into consideration
Customer: replied 2 years ago.
Thank you
Expert:  Ben Jones replied 2 years ago.
You are welcome all the best

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