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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47874
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I work in a restaurant(30 months) someone left (forgot)a bag

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I work in a restaurant(30 months) someone left (forgot)a bag there with cigarettes, I took one packet(20) the bosses found out and sent me a message telling me not to came to work again, they haven't spoke about it with me, the wages were not being paid on time, I was 4weeks behind (as it is all the staff) holiday pay not paid as well, what can I do?
Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. When did this occur?
Customer: replied 1 year ago.
Last Friday
Customer: replied 1 year ago.
Hello?
Expert:  Ben Jones replied 1 year ago.
So does it look like you have basically been sacked? You ave not been told you are suspended for example?
Customer: replied 1 year ago.
Not really, just a message from the manager " I have bad news, don't come tonight, then we'll talk"
Eventually we spoke and he told me informally, sorry but the boss is upset does not want you there anymore.
Expert:  Ben Jones replied 1 year ago.
ok thanks leave it with me please I will get my response ready and reply on here
Customer: replied 1 year ago.
Thank you!
Expert:  Ben Jones replied 1 year ago.
Thank you for your patience. Whilst your actions could have amounted to misconduct, the fact that you have more than 2 years’ service means that you are protected against unfair dismissal. This means that the employer is legally required to show there was a fair reason for dismissal and follow a fair procedure. From what has happened so far it looks like they have decided to terminate your employment but they have completely failed to follow any fair procedure and that could make the dismissal unfair. In fact I know that the dismissal is unfair here because they have not done anything required of them. This means that you are able to pursue them for an unfair dismissal and seek compensation or you could try and get them to place you back in your job. You need to make it clear that it does not matter whether you had done something wrong or not – they must follow a fair procedure and show there was a fair reason for dismissal before they can fairly dismiss you, otherwise the dismissal is unfair. This is your basic legal position. I have more detailed advice for you in terms of the steps you can take to pursue this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones and 2 other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. The first thing to do is try to appeal directly with the employer. If the appeal is rejected then your only option is to make an unfair dismissal claim in the employment tribunal. A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal. If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement. The conciliation procedure and the form to fill in can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.