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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44882
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Ben Im currently under investigation at work as someone

Customer Question

Hi Ben Im currently under investigation at work as someone has claimed seeing me going into a colleagues bag. Nothing was taken so the owner of the bag says and Im currently suspended. Can this result in dismissal from the company?
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 8 months ago.
5 years almost
Expert:  Ben Jones replied 8 months ago.
Thank you I will respond fully after 11 as I am just due in meetings now
Customer: replied 8 months ago.
Can you give me any idea? Im worried sick
Expert:  Ben Jones replied 8 months ago.
You have more than 2 years service so you are protected against unfair dismissal which means that the employer can't just dismiss you and certain rules and laws must be adhered to. But I will explain the law in more detail when I provide my full response
Expert:  Ben Jones replied 8 months ago.
And by the way did you go into that bag or are the allegations false?
Customer: replied 8 months ago.
The allegations are most definately false!!!
Expert:  Ben Jones replied 8 months ago.
Thanks for your patience. As mentioned with more than 2 years’ service you have protection against unfair dismissal so to be able to show that a dismissal is fair the employer has to ensure they can justify there was a fair reason for dismissal and also follow a fair procedure. As you can imagine, if an employer receives a complaint about an employee, if they were not present to witness the allegations they will not immediately know whether they are true or false, so they will have to try and establish if there is any truth to them. This would mean investigating them and trying to gather evidence to determine if there is a case to answer. If they think there is then you will be asked to attend a formal disciplinary hearing where you can defend yourself. In terms of dismissal, the employer could potentially do that even if there is no 100% proof that you were guilty but they have to be rather careful especially if you have 5 years service and, I presume, a clean record. If this does end up in dismissal you can challenge it if necessary. This is your basic legal position. I have more detailed advice for you in terms of the details of the procedure the employer must follow to show there was a fair procedure and also your rights if you were to be dismissed, 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
Expert:  Ben Jones replied 8 months ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Expert:  Ben Jones replied 7 months ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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