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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44924
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been sacked, but have been told by police the way they

Customer Question

i have been sacked, but have been told by police the way they went about it is wrong as they have stated in police reports they advise me and my college we were attending the head office in Nottingham for a course but it was for a disciplinary and a drug test...(i failed the test)..once i was sack i was told to wait in the van until he had dealt with my college, my college came out and got in the van said he was suspended for the same reason plus something else, ...he left the office to take me home back to Essex 150 miles away, approx 20 miles in the journey, my college had a call from the police advising him to pull over and wait for police to attend,we did this to be told the company had reported we had both stolen the van, once explained all to police they called the company to advise they had there vehicle and what we was doing was taking the van back to our Essex branch where we are based once he had dropped me off, but the company told police they wanted it to proceed with the theft etc. 8 hours later we get released with NFA but was strongly advise to seek legal help in the way they dismissed my self, i have spoken to CAB they advised acas could not help as i have not been with then two years, but police have said they broke laws in falsely getting us to the office. the company knew i was a recreational cannabis smoker no different to going to the pub at a weekend,, they employed me knowing this, my college has failed 2 previous drug test and never got dismissed, he also never got dismissed the same day as me he got suspended, one of the workers in the Essex branch has failed a drug test with my college for cocaine previously and he still works there, i said in person to MD of the company on our first time of meeting him, that i did do as he asked me, he thanked me for honesty and i also stated to the director of safety who took my test, as he asked had i been smoking the weekend i said yes.he walked out to another office to the OD for disciplinary procedures, who came in the office Director explained i failed but he advised i would quit etc, OD asked me to leave room, OD brought me back and then Director advised they were dismissing me and to wait and hang around for my college.its hard to write all on here but understand it online legal advise
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What would you like to know about this please?
Customer: replied 10 months ago.
what is the legal standing against the company.
Expert:  Ben Jones replied 10 months ago.
How long did you work there for?
Customer: replied 10 months ago.
july 22nd 2015 is the day i started.
Expert:  Ben Jones replied 10 months ago.
As you have already been advised, 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.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim. So regardless of what has happened, even if they got you to the office on false pretence, you cannot challenge the dismissal. It does not give you the right to challenge their actions on any other grounds either unfortunately so the dismissal cannot be challenged regardless of whether they acted wrongly or not – you need the 2 years service to be able to challenge this and without it you cannot, even if the employer had not acted correctly. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Expert:  Ben Jones replied 10 months ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

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