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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47340
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My daughter has been wrongfully accused of stealing from her

Resolved Question:

My daughter has been wrongfully accused of stealing from her employer and was dismissed on this basis, even though she was innocent. She has not been contacted by or charged by the police. The employers are now demanding payment (>£4,000) for the goods they say went missing and say they will take her to court for the payment. She has no money and no job. To whom can she turn?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

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

Ben Jones :

Not sure why you rated bad service when I have not heard back from you with an answer to my initial query above and I have not even provided a response yet?

Customer:

She has worked for them for 4 months

Ben Jones :

Her rights will be rather limited in this situation I’m afraid. First of all if she has been continuously employed at her place of work for less than 2 years then she will not be protected against unfair dismissal. This means that her employer can dismiss her 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 she was trying to assert any of her statutory rights (e.g. requesting maternity leave, etc.). It does not matter whether it was based on false allegations, a rumour, etc – she cannot challenge the dismissal.

In terms of the threats to take her to court, as this is a civil claim she will not be entitled to any legal aid for help with defending it. She would have to do this y herself or get a lawyer, although that would not really be necessary. This will go to the small claims court which is designed for parties that are not legally represented. She could approach the Citizens Advice Bureau for help in the process but they cannot represent her and they can just discuss the process and what she could do in the circumstances but their help would be limited.

So these are her options really – as a civil case she is on her own here unless she can pay for a lawyer but as it appears unlikely and also not necessary se would just have to face any claim personally, although there is no guarantee the employer will actually proceed – they could just be issuing empty threats.

Ben Jones :

Can I clarify anything else for you?

Customer:

Thank you. I will pass this information on to my daughter. I fervently hope that this does turn out to be an empty threat.

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