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Ben Jones
Ben Jones, UK Lawyer
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Can an employer dismiss someone from the company after an

Resolved Question:

Can an employer dismiss someone from the company after an allegation without evidence? The allegation is theft and currently they have no evidence to suggest the employee has taken the money, and they have been wrongly accused because the employee hasn't taken the money.
Many thanks
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 7 months ago.

How long has the employee worked there for?

Customer: replied 7 months ago.
Thank you so much Ben. The employee is my partner who works in the motor trade. The allegation is being made by a previous employer whom he worked for for 12 months. He has since transferred still within the same group. So currently he has been working for the group for 18 months. The allegation being made against him is that he pocketed £848 a customer is supposedly handed him, in cash. The customers file is missing, along with the accounts book which suggests something untoward is going on here. He has a disciplinary hearing tomorrow
Customer: replied 7 months ago.
My partner deals with many customers and cannot recall the customer handing him cash. He has asked the employer to provide cctv evidence which we haven't had thus far.
Expert:  Ben Jones replied 7 months ago.

Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Expert:  Ben Jones replied 7 months ago.

Hi there apologies for the delay in responding, I was working remotely and my laptop decided to crash so I had no way of getting back online until now. Going back to your query, the main issue here is that if he has been continuously employed at his place of work for less than 2 years then his employment rights will unfortunately be somewhat limited. Most importantly, he will not be protected against unfair dismissal. This means that his employer can dismiss him 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 he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.).

So even if there was not an ounce of evidence against him and he was 100% innocent, the employer can still dismiss him as he does not have unfair dismissal protection. It is unfortunate but it is the legal position. There is of course no guarantee that the outcome will necessarily be dismissal and he can try and defend himself as best as he can but if it does end up in dismissal then the above rights would apply.

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

Customer: replied 7 months ago.
Hi Ben. Thank you so much for your help - regardless of the negative outcome I really really appreciate your help and expertise in the matter.
Because his dismissal protection is somewhat non existent, does he still have the right to go to tribunal?
Furthermore I have no problem in rating you highly for your help, you have been fantastic.
Expert:  Ben Jones replied 7 months ago.

Hi there, thank you. He does have the right to go to tribunal but only if the dismissal was due to discriminatory reasons. So if they dismissed him because he was of a particular race, or gender, etc. Or if he was not paid what he was due on termination. But not for generally challenging a dismissal if it was simply based on their opinion or preferences, even if wrong. Hope this clarifies?

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46773
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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