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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47613
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been accused at my place of work misconduct. It was

Resolved Question:

Hi, I have been accused at my place of work for gross misconduct. It was for stealing money from a resident in a care home. I did not do this and got really upset and stressed about it and was of sick. My doctor knows me well and said she would support me. I then resigned before a final disciplinary hearing where they would have dismissed me, it was all very obvious which way it was going. I have now had a letter to say that the dismissal has been sanctioned, and that they will inform Safeguarding and DBS people about me. Is this right. I have just started a new job as my DBS is clear, but will it have this on it next time?
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.

Expert:  Ben Jones replied 1 year ago.

Were the police involved?

Customer: replied 1 year ago.
No
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 1 year ago.
Ok I will wait for reply
Customer: replied 1 year ago.
I won't be charged more from my account will I?
Expert:  Ben Jones replied 1 year ago.

No you won't.

Customer: replied 1 year ago.
Thank you Ben
Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. Once your employment has terminated and assuming no decisions on the dismissal had been taken up to then, the employer can no longer dismiss you as the official reason for leaving would have been resignation. However, if you left without serving the notice period required of you, then they can argue you were in breach of contract and continue on the assumption you would have been employed for that period and still make a decision during that time.

If the employer then decides to make a referral they have the option of doing so and sometimes they may even be obliged to do this. Having been referred does not automatically mean that this matter will be included on your next DBS because there is a specified procedure which they must follow before this can happen.

There will be a formal procedure carried out by the DBS before they decide whether you would be barred or whether any information about this is going to be included on your DBS check. Once a decision is made you will have the chance to appeal that so you will still get the chance to defend yourself.

Full details of the process and your rights can be found here:

https://www.gov.uk/government/collections/dbs-referrals-guidance--2

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 1 year 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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