Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Please can you provide some background on the situation so that I can advise you of your options. Please can you also advise how long ago you left and how long your partner has been working there for? Thank you
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.
Many thanks for your patience. I cannot see how they are reasonably going to discipline or even dismiss your partner for your actions. Just because you have done something then that does not make her culpable as well. She can only be disciplined for things she has done personally, not the actions of others, whether she is their partner or not. So if they are going to discipline or even dismiss her for your actions then the likelihood is that this would be an unfair dismissal or at least unfair disciplinary action. However, that would only be the case if she has more than 2 years’ service with them because if she does not, then she is not protected against unfair dismissal. So if she has more than 2 years, she can certainly challenge this and any potential dismissal and take the matter further.
This is your basic legal position. I have more detailed advice for you in terms of the rights she has should this result in dismissal, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. Can you please confirm how long she has worked there for?
Ok so she is protected against unfair dismissal. Therefore if the employer as to dismiss her for this she can consider taking this further for an unfair dismissal claim. Following the dismissal she can appeal to the employer. If that is rejected she has 3 months within which to make a claim in the employment tribunal.