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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61161
Experience:  Qualified Employment Solicitor
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My son is due in court next week on drink drive charge. He

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Hello, my son is due in court next week on drink drive charge. He works in a special school where he is not required to drive to do his job. He has informed the headteacher and today he has had to meet with her, the schools business manager (to take notes) and a representative from the local authority. He was asked to explain what happened and was asked questions for clarification. The representative from the local authority advised my son that he will attend the hearing and that my son may, or may not lose his job. Is the common place?
Assistant: Was this discussed with a manager or HR? Or with a lawyer?
Customer: The headteacher, business manager (HR) and a rep from local authority. My son is in touch with a solicitor, but hasn’t let them know yet what happened today.
Assistant: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: It is a special school with employees
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Only how my son, who is married with 2 children age 4 years and 4 months, stands as far as losing his job

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

How long has he worked there for? Please note I am mobile at present so may not be able to reply immediately, thanks

Customer: replied 12 days ago.
5 years
Customer: replied 12 days ago.
I’ve got to move away from my phone for a few minutes, but will respond when I hear back from you.
In addition my son worked for the school via a teaching supply company, for a few months. Then a vacancy became available and they asked him to apply, which he did and was successful.
Customer: replied 12 days ago.
I have returned
Customer: replied 11 days ago.
How long by do you think I need to wait, please?

Many thanks for your patience. They cannot rely on the fact he may lose his driving licence as a reason to try and dismiss him. However, they could try and use the allegation of placing the company into disrepute, which may sometimes work.

 

However, there has to be some bearing on the work he does, the reputation of the company if this is publicised further and the trust they put in him.

 

A useful explanation on all of these factors can be found here:

 

https://www.farrer.co.uk/news-and-insights/blogs/dismissing-an-existing-employee-because-of-a-new-criminal-conviction-do-not-pass-go/

 

In the end, if he believes that the employer has dismissed him unfairly (once you have read the article and see when that is possible), he can still consider challenging the further by making a claim for unfair dismissal in the Employment Tribunal.

 

Does this answer your query?

Customer: replied 11 days ago.
Thank you. It certainly gives clarity. We shall read the article as you’ve suggested. I will suggest to my son that he lets his solicitor know that he has received advice from ‘ACAS’. Is that ok?
If we need to phone you can we do so once we’ve discuss things or do we need to go through things again? Thank you again.

We are not ACAS by the way, you may have come through us via the ACAS website but they are separate. We are lawyers working through JustAnswer, a question and answer site, but we are all qualified solicitors and barristers. For a phone call you may have to post a new question again but whoever picks that up would be able to see our history

Customer: replied 11 days ago.
Ok thank you. You’ve been very helpful.

All the best

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