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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My son was accused of exposing himself to a client. He works

Customer Question

My son was accused of exposing himself to a client. He works for a housing association. He has not been charged but is on bail until the 27th of this month.
He was suspended on full pay from work. Tomorrow he has to attend a disciplinary hearing.
Can he get the sack tomorrow?
As he did not actually do what is alleged surely it should be innocent until proven guilty?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

How long has he worked there for?

JACUSTOMER-o9h439lg- : Just over a year
Ben Jones : Ok leave it with me please I will get my answer ready and post it here. I have just been called into a meeting so will respond as soon as I am out and you will get an email, thanks
JACUSTOMER-o9h439lg- : Ok. thank you.
JACUSTOMER-o9h439lg- : I am flying to Norway this afternoon. I would like an answer before then please.
Ben Jones :

Hi, just finalising my advice, are you still online?

Ben Jones :

If he has been continuously employed at his place of work for less than 2 years then his employment rights will unfortunately be somewhat limited. Most importantly, he will not be protected against unfair dismissal. This means that his employer can dismiss him 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 he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.).


 


Unfortunately for him it means that the employer most certainly does not have to prove that he was guilty before dismissing - they can dismiss him for no reason at all or even based on a rumour.


 


If the dismissal had nothing to do with any of the above exceptions then he would not be able to challenge it and his only protection would be if he was not paid his contractual notice period, because unless he was dismissed for gross misconduct, he would be entitled to receive his contractual notice period. If he did not have a written contract in place he would be entitled to the minimum statutory notice period of 1 week. His employer would either have to allow him to work that notice period and pay him as normal, or they will have to pay him in lieu of notice.


 


If he was not paid his notice period when he was due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and he could make a claim in an employment tribunal to recover the pay for the notice period that he should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.


 

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