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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48168
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I've been summarily dismissed because of an accusation of physical

Resolved Question:

I've been summarily dismissed because of an accusation of physical assault. It was the person and his friend's word versus mine. They have dismissed me based on probability and no evidence other than the two statements from the friends. Other statements did not see the incident. I have put forward an appeal but do I have any chance?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long did you work there for?
Customer: replied 1 year ago.
I started in March 2015
Customer: replied 1 year ago.
So just under a year
Expert:  Ben Jones replied 1 year ago.
Thank you, ***** ***** hoping to overturn the dismissal?
Customer: replied 1 year ago.
Yes, I'm looking to overturn it. It seems really harsh given the circumstances and that, although I did put my hand on his shoulder to get his attention, I did not physically assault him.
Expert:  Ben Jones replied 1 year ago.
The issue here 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 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 even if you were 100% innocent and there was no proof whatsoever, they could still dismiss you if they wanted to. So the fact that this was based on probability and basic evidence makes no difference legally unfortunately – the dismissal can stand if they want it to, even if you can prove you were innocent. You have the right to appeal the dismissal but if they refuse to overturn their decision, unfortunately you cannot challenge it further as you do not meet the minimum criteria to claim unfair dismissal. 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 law as it actually stands. 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 you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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