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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48193
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been employed for 8 weeks as a shop assistant and have

Resolved Question:

I have been employed for 8 weeks as a shop assistant and have been dismissed today without any notice, interview, opportunity to put a case forward, be represented. I have been dismissed for theft of a large sum of money (£2000) as I reported the missing money when I did the stock check. The police were called and no forced entry or theft was taken forward by the police. I have been taken into the office today and told I am being sacked for theft and asked to leave immediately. I was told by my line manage that this was not her choice but the companies and she would employ me again if there was another vacancy arises. I have not been given a letter of dismissal and the two people in the shop at the time have been dismissed today. I have not been given any opportunity to ask questions or even appeal nor have I been invited to interview, offered to be accompanied nor given any opportunity to even put a case forward. Clearly I did not steal the money. Do I have any case against the company here, thank you
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

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

Ben Jones :

What do you hope to achieve please?

Customer:

Hello Ben, I would like to know if I have a case against my employer based on my dismissal

Ben Jones :

OK, thank you, ***** ***** this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

Customer:

Thank you Ben

Ben Jones :

Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice.


 


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.). Therefore, the fact that the whole process did not follow any kind of fair procedure is rather irrelevant.


 


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.


 


In this case they claim you were dismissed for gross misconduct. If they are trying to avoid paying you the notice period you may be due then they should have at least given you the opportunity to fairly defend yourself so that they at least have some evidence or proof and a defence from which to work out if this was gross misconduct or not. So the best you can expect in this case is your notice period and only if it is not possible to show that this was a gross misconduct matter.


 


Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. 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? I just need to know whether to close the question or not? Thanks

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