How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47889
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

Can my employer's dismiss me? My dB's has shown up a caution

Customer Question

Can my employer's dismiss me ?
My dB's has shown up a caution for common assault
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.

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

Expert:  Ben Jones replied 10 months ago.

How long have you been employed by them?

Expert:  Ben Jones replied 10 months ago.

Hi there, sorry for the delay, you appear to have posted two duplicate questions so there was confusion on which one to reply.

It is very unlikely that an employer can justify dismissal after 15 years of service just because you have received a caution. First of all this is not a formal conviction so is not that serious.

Even if it was a conviction, the employer can only consider dismissal if it has a serious impact on their ability to perform their job. So for example, a teacher convicted of sexual offences against children, a bank worker convicted of fraud, etc. Even then it has to be a serious effect it has on their job.

If you have performed your job for 15 years with no issues and suddenly you get a caution, then there should be no reason for the employer to dismiss you and if they do the dismissal is likely to be unfair and can be challenged.

Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss your rights should you get dismissed. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

Customer: replied 10 months ago.
Dear Ben thank you for your response . I'm a medical secretary with 15 years plus service without blemish not only at work but in my private life . I've never had any dealings with the police up until this unfortunate incident .My line manager accused me of having been convicted of common assault he clearly had not read the dbs as it was a caution , nothing else but he continued to humiliate me and inferred I would lose my job .Many thanks for your reply . I've yet to hear back from my manager . I will keep in touch if ok with you .Kind regards***** *****
Expert:  Ben Jones replied 10 months ago.

Yes of course. Losing your job over this is very likely to be unfair so be clear that you will take this further if this results in dismissal

If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

Expert:  Ben Jones replied 10 months ago.

My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you