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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Are you able to get a DBS for both names?
If they were to actually go ahead and dismiss in the circumstances it is likely that it may be unfair as it would be considered an unreasonable decision considering the circumstances. What they should do is to try and get DBS checks for both known names and satisfy themselves that there is nothing on your record which would make you unsuitable to carry out your job. Their argument that they cannot be sure who you are is rather weak because anyone can be in the same position and have different names but that does not mean they can go and sack everyone else just in case they may have other identities. So they will have to go by what is officially in your passport ad also any other names you go by as given by you and sworn to. Getting a second DBS would be the most appropriate way to resolve this.
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Thank you. If this results in dismissal, an appeal can be submitted to the employer straight after the dismissal outcome is communicated. If the appeal is rejected a claim for unfair dismissal can be made in the employment tribunal. The time limit to claim is 3 months from the date of dismissal and the claimant needs to have at least 2 years' continuous service with that employer.
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:
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.