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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44941
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was caught with items belonging to my work place (hotel)

Customer Question

I was caught with items belonging to my work place (hotel) in my bag during a bag search at the staff exit. I have been suspended as a result of the allegation of removing items from the hotel without any authorization or signed pass out slip. I have been interviewed by the head of security and assistant operation manager and I'm now waiting to hear back most likely to attend a meeting. How can I keep my job/not have this on my track record for future employment/get out of this mess minimizing the negative output on my career.
Submitted: 7 months ago.
Category: Employment Law
Customer: replied 7 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 7 months ago.
Pressed phone request by mistake, I prefer to speak here
Expert:  Ben Jones replied 7 months ago.
Hello how long have you worked there for?
Customer: replied 7 months ago.
Part time from October 2014 to June 2015, then returned in March 2016 full time until now
Customer: replied 7 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 7 months ago.
Thank you. Any reason you had these items on you? Was there any deliberate action by you to try and take them or was it an honest error?
Customer: replied 7 months ago.
It was a deliberate action on my part, value of the items is very low
Expert:  Ben Jones replied 7 months ago.
Ok in the circumstances your rights will be somewhat limited unfortunately mainly due to your length of service. Legally your continuous service is only counted from March 2016 so you have around a month’s continuous 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.). If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. However, this is a case of attempted theft which can easily amount to gross misconduct. So the employer can legally and fairly dismiss you for gross misconduct here and you would not be able to challenge it. Whether they allow you to keep your job or not mention this in a reference is entirely up to them. You will have to consider the best way to approach this and usually I would say this happens by you apologising, expressing remorse for your actions, perhaps trying to explain why it happened and that it would not happen again ad ask for their leniency basically – there is no other way around it so the earlier you start all of that the better. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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 7 months ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

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