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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48466
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I need some advice and am unable to speak on the phone. I am

Customer Question

Hello, I need some advice and am unable to speak on the phone.
I am being investigated for not turning up to work when I said I popped in even though I was given the authorisation to work from home for the whole day. I have the authorisation in writing and proof of a phone call my manager is saying that I didn't make to her. I am not seen on CCTV that day attending work as due to workplace bullying I said that I popped in to try and impress my manager who is bullying me (I had already informed HR of the bullying in the past) and haven't yet told them that I didn't pop in on that day as I'm confused to why they would even be checking that,that was true when I was given clear permission to work from home anyway..please help. This is seriously impacting my health. HR said they will fire me for fraud.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

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

Expert:  Ben Jones replied 1 year ago.

How long have you worked there for?

Customer: replied 1 year ago.
Hi Ben, I have been there for 9 months.
Customer: replied 1 year ago.
I am aware that I don't really have any rights during my first 2 years of employment,I just don't know where I stand with rights and also what I can do in this situation. I am being told of I leave, I eill leave with a reference that's clean and if I don't , I will leave with onewith fraud on it. I don't feel like I have done fraud and would hate to leave with a bad reference from any job as this will hinder my career however I would rather not have to leave the company at all.
Expert:  Ben Jones replied 1 year ago.

Thank you. You are correct that if you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you 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 you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).

So even if you had done absolutely nothing wrong, they can still dismiss you in the circumstances. They have given you an option of leaving voluntarily and getting a good reference. Whilst I would disagree that the allegations are serious enough t amount to fraud, it is a potential form of misconduct. So whilst mentioning fraud would be harsh, that would not prevent them from forcing you to leave.

If they are adamant that one way or another you are leaving and you have tried negotiating with them to no avail, then it may be best to just leave before being pushed and getting a reference which you can use to help you with fining a new job.

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