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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45393
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I disclosed my criminal conviction when interviewed. The Police

Resolved Question:

I disclosed my criminal conviction when interviewed. The Police confirmed with my employer that I had disclosed my conviction. I was suspended last week when a guest who had been in prison with me caused a scene and started threatening all sorts of things. I have heard today that I face a disciplinary which one outcome could be my dissmissal I need to know what my rights are under these circumstances
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 have you worked there for?

Customer:

9 months

Ben Jones :

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. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.


 


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

However in the circumstances it would be possible to legally dismiss you even if you had declared your criminal convictions or even if the incident was not your fault - as mentioned it could include any reason as long as it is not discriminatory, which is not the case here

Customer:

so what can if anything can i do?

Ben Jones :

in this case it is really appealing to the better side of the employer and hoping for the best - I can't say what their intentions are but if they really want to dismiss you then there is nothing you can do to stop that

Customer:

so its basically better if I work with them in coming to some kind of agreement than attacking

Customer:

I have a letter of support from probation that I am doing everything

Ben Jones :

yes you need to get on their side - if you attack them and they don't like your attitude they can easily and legally dismiss so you are really trying to salvage your job here and need to give them the best impression to give them a good reason to keep you. So the letter will help, but it may require more from you, just be honest and show remorse

Customer:

i have a great deal of remorse and just want to re-build my life - I have tried really hard both at work and within my personal life and have received awards for my high standards of work including a nomination for promotion

Customer:

I could not have been more open or honest but at the same time protecting myself at all times -

Ben Jones :

I understand and it is an unfortunate position you have found yourself in, the issue is that all you can do is try your best and at the same time hope for the best - only time will tell if this will have a good outcome or not and it is entirely in the hands of the employer but you an try and help them make a decision

Customer:

Should I attend the meeting alone or with an advocate?

Ben Jones :

you can only attend a formal disciplinary with a colleague or a trade union rep

Customer:

i have asked for both my line manager or my manager to attend with me but not heard back yet

Customer:

if i hear nothing back what do i do?

Ben Jones :

they do not have to agree to do this but you can of course ask them to. If they do not agree then you have to find someone else but if no one is willing to attend then you may have to attend alone

Customer:

thank you for your help

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45393
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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