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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61193
Experience:  Qualified Employment Solicitor
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My daughter has been dismissed from work on the basis of a

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My daughter has been dismissed from work on the basis of a sexual assault that she denies, the alleged assault occurred on an evening out to meet the staff for the job before she started.
She received a call the next day to say that a complaint had been made at which time she had not yet started with the company and she denied the allegation. She started the job as planned but then was called in for an interview at which time she denied the allegation again.
She was then called to a disciplinary hearing again denying the allegation, she was only informed that she could take somebody in the meeting from the office who she didn’t really know, and no notes were taken. She then received a letter stating she had admitted to the sexual assault and this is the basis of her dismissal. We have appealed the decision and received a letter confirming this.
JA: Was the termination discussed with a manager or HR? Or with a lawyer?
Customer: The termination was not discussed prior to recieving the letter.
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: The wrokplace operates with employees.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No i think i have covered everything.

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.

Customer: replied 11 days ago.
Ok

Please clarify how long after starting the job, did your daughter have to attend the interview?

and what is the employer basing the allegation on exactly? What evidence do they have?

Customer: replied 11 days ago.
4 Weeks, another emplyees complaint and apparant statements from other staff.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. If she has been continuously employed at her place of work for less than 2 years then her employment rights will unfortunately be somewhat limited. Most importantly, she will not be protected against unfair dismissal. This means that an employer can dismiss her for more or less any reason, and without following a fair procedure, as long as the decision is not based on a reason which makes a dismissal automatically unfair. These include:

{C}· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

{C}· Taking, or trying to take, leave for family reasons including pregnancy, maternity leave, parental leave, adoption leave or leave for dependants

 

However, if the dismissal had nothing to do with any of the above exceptions, she would not be able to challenge it. In that case her only protection would be if she was dismissed in breach of contract. That would usually happen if she was not paid any contractual notice period due to her (unless she was dismissed for gross misconduct, where no notice would be due). If she did not have a written contract in place she would be entitled to the minimum statutory notice period of 1 week. The employer would either have to allow her to work that notice period and pay her as normal, or they instead have to pay her in lieu of notice, where she is paid for the equivalent of the notice pay but her employment is terminated immediately.

 

Does this answer your query?

Customer: replied 11 days ago.
One thing, as the incident took place before she started the job or had signed a contract does the incident fall outside of being a company issue, and should they have let her start and sign a contract if this was an issue?

That makes no difference at all, they could have easily allowed her to start work still and then dismissed her straight after, it gives her no additional rights unfortunately. Does this clarify things a bit more for you?

Customer: replied 11 days ago.
Yes thank you.

All the best

 

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