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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44929
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work as cabin crew ,and a colleague has told my Managers

Customer Question

I work as cabin crew ,and a colleague has told my
Managers that I said the following " me and Fran had landing drinks a vodka and tomato juice whilst on a flight "this is gross misconduct drinking at work and I have been called in to work ! I was asked if I said this which I have said no I did not and I was asked if I had drank alcohol on board to which I have said no I have not .
It is there word against mine can I be dismissed?
I have never drank at work and know that no evidence will show That , I also deny saying the above statement about drinking
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. How long did you work there for?

JACUSTOMER-xtw0cdzi- : I started January 2013 I've not been dismissed and it's not yet at a disciplinary stage it's just an investiagtion.
JACUSTOMER-xtw0cdzi- : both myself and the girl have denied the allegations
Ben Jones :

In order to justify that dismissal on grounds of misconduct was fair, the law requires that the employer:

  • Conducts a reasonable investigation;
  • Follows a fair disciplinary procedure;
  • Has reasonable grounds for believing the employee was guilty; and
  • Show that dismissal was a decision that a reasonable employer would have taken in the circumstances.

An employer therefore is not expected to prove that the alleged misconduct had definitely occurred. Disciplinary action, or even dismissal, would generally be fair if the employer can show that it had conducted a reasonable investigation, followed a fair procedure and held a genuine belief that the employee was guilty.

There is a further issue for you though because 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.).

JACUSTOMER-xtw0cdzi- : There is no evidence at all of drinking on board all the evidence they have is a colleague saying I told them that it happened ! I have of course said that this conversation did not occur surely someone making up an allegation can't get someone dismissed as there is no proof ?
JACUSTOMER-xtw0cdzi- : i have also argued the fact that the person may have a grudge against myself and the other girl
Ben Jones :

In your case, unfortunately you can get dismissed with no proof at all and just on a rumour because you are not protected against unfair dismissal

Ben Jones :

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? Thanks

JACUSTOMER-xtw0cdzi- : The girl whoes name was mentioned has been cleared of the drinking onboard allegations but I am still being investigated as I am supposedly the one who said it
Ben Jones :

I understand that it may seem unfair but I have to reiterate again that none of this is illegal - even if you have the best proof in the world that you are not guilty the employer can still investigate and even dismiss you, even if they cannot prove a single thing from the allegations - you simply do not have protection against unfair dismissal in the circumstances

Ben Jones :

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? Thanks

Expert:  Ben Jones replied 2 years ago.
Hello Daniel, please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this? Thank you

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