Hi there, regardless of what you had done that led to the dismissal, and even if you had admitted the offence in question, the employer still has a legal duty to follow a fair disciplinary procedure. That is because if you have over 2 years service you have unfair dismissal protection so the employer must ensure any dismissal is procedurally fair. This would have required them to investigate the allegations, invite you to a formal disciplinary hearing, giving you notice in advance of the allegations and the evidence, allowed you to be accompanied by a colleague or trade union rep and given you the right to appeal. It is clear that hardly any of this occurred here so the dismissal is very likely to be unfair.
You are able to consider challenging them for unfair dismissal in the employment tribunal. However, here are a couple of important points about this:
1. If you did make a claim they can still go to the police. They did not have to inform them but if they wanted to they are entirely within their legal right to do so. Therefore, you may find that in response of you making a claim (which is your legal right) they can report this to the police (which is also their legal right)
2. If a claim proceeds but the employer can show that has they followed a fair procedure the outcome would have been the same, your compensation could potentially be reduced by up to 100%.
Saying that, you are legally entitled to be paid up for any work undertaken up to the date if dismissal and be paid for accrued holidays. The employer cannot take these away from you and they won't be included in the reduced compensation as mentioned above. So this is something you can also consider making a claim for, but in the same way as the unfair dismissal claim, it could prompt them to contact the police over your offences.
So in the end it is all about what is more important for you - challenging the dismissal and seeking some compensation about this or avoiding any police involvement and this going more public than it already is.
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