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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47914
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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L was first arrested on 05.01.2014.on 08.06.2015 l was found

Customer Question

l was first arrested on 05.01.2014.on 08.06.2015 l was found guilty of sexual assault on a female aged 20.given 6 months in released 04.09.2015 spoke to my employers and was back at work on 07.09.2015.on 10.09.2015 l was suspended(in writing employer stated investigation of status following release from prison).on 14.09.2015 l was sent email terminating my employment stating reasons.l have worked for company(dominos pizza)for over 11 l any grounds for unfair dismissal.the S.Assault l was found guilty of was against fellow employee at time.there was internal investigation at time of first arrest.l did plead not guilty at court.
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. What reasons did they use for the dismissal exactly?
Customer: replied 2 years ago.

in writing they state "whilst the internal investigations within the company did not go any further the police investigation did proceed and you were found are registered on the sex offenders register which can bring company into disrepute.this can affect the companys image and reputation of the brand as a whole.

we have a duty to our current employees to provide them with a safe working enviroment."

Expert:  Ben Jones replied 2 years ago.
If an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed. According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and this would depend on which of the above reasons they used to dismiss. Dismissal because of a criminal conviction would likely fall within the meaning of SOSR. The issues that will not help you here are that this was against a fellow employee so there is obviously a link with your employment. Assault in the workplace or relating to fellow workmates can amount to gross misconduct and be a dismissible offence. Also if you were placed n the Sex Offenders Register, which is a public register and your name can be linked to the employer, then it could indeed put the company into disrepute and also justify a dismissal. So claiming unfair dismissal in the circumstances would not be that easy. I suggest you appeal with the employer first then contact ACAS to use their free negotiating service to try and get a settlement from the employer. After that you can only go to tribunal but think carefully before proceeding as it would cost over £1200 to claim and it can be a risky claim in the circumstances. 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
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. 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? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.