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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 63308
Experience:  Qualified Solicitor
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I’m working in a casino as a customer relation. On my second

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Hi, I’m working in a casino as a customer relation. On my second month of probation period. my employer is taking disciplinary action on me as I have breached the company policy, they put on an allegation on me, i was assisting fraudulent customer with an fake ID to create new account. But at the time I didn’t know it was very serious, the customer entered the casino with her previous ID name, couple minutes later, I bumped into her outside the ladies room, she stopped me and asking me if I could help her to open a new account with the new passport, as the previous ID that she used was old and fake. I didn’t think too much, and said yes. (Because of our culture, I know that some people when they entered UK, they used different name and change it back years later) then I didn’t inform any managers as I thought this wasn’t a big deal, so I created for her. Couple days later, managers found out that she has duplicate accounts, then checked the cctv, they saw me talking to the customer and created an account after. I was suspended after, now I have received a disciplinary hearing notice, they said unless I could give a good explanation. They said the cctv couldn’t hear whatever I said, they can only see me talking to the customer. What would you suggest me to say in the hearing?
Assistant: Have you discussed the disciplinary action with a manager or HR? Or with a lawyer?
Customer: Manager
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: They might think that the customer called me on the phone as I bumped into her literally couple minutes after she entered casino. But she didn’t, it was all accident.

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

What are you ideally hoping to achieve in the circumstances, please?

Customer: replied 4 months ago.
I want to know what can I explain on the hearing in order to stay in the company
Customer: replied 4 months ago.
Because they said It’s a gross misconduct and it may leads to dismissal
Customer: replied 4 months ago.
Very likely, unless I give a good explanation, why I did it. But to be honest, I didn’t know why, maybe I’m new staff, I didn’t know it’s that serious
Customer: replied 4 months ago.
That’s the suspension letter.

Were you given any training in relation to any of this?

Customer: replied 4 months ago.
I have given money laundry
Customer: replied 4 months ago.
I don’t remember whether it has identification or something related. Maybe verbally, but they didn’t mention it that we cannot accept second ID or with different name
Customer: replied 4 months ago.
Manager said it’s not about breaking the company policy, it’s about that I actually break the UK law
Customer: replied 4 months ago.
By assisting someone with fake ID and as I already to told by customer that she holds a fake ID previously

ok thanks. I think first of all you need to be aware of your employment rights. If you have been continuously employed at you 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 the decision is not based on a reason which makes a dismissal automatically unfair. These include:

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

· Taking, or trying to take, leave for family reasons including pregnancy, maternity/paternity leave, parental leave, adoption leave or leave for dependants

However, if the dismissal had nothing to do with any of the above exceptions, you would not be able to challenge it.

So they could dismiss you quite easily anyway, even if you provide them with the best explanation you can find, and to be honest even if you were innocent – they could still dismiss you.

In your case, the best is to just be honest, talk them through your thought process at the time and why you believed you were not doing anything wrong. Apologise if you did do it wrong and ask for extra training to make sure that you are fully briefed on what is expected of you so that this is not repeated again in the future.

Does this answer your query?

Customer: replied 4 months ago.
Hi Ben, thanks for your advices, as this is a very serious incident, by any chance or any reasons could explain if I did it unintentionally? Any good explanation that could get away of it, I think they want to keep me, but they couldn’t understand why have I done it, they expect a good explanation that could convince them. But I don’t know what to explain
Customer: replied 4 months ago.
I don’t know in UK, are there any way to explain such unintentional behaviour?

I cannot explain what went through your mind at the time and why you did what you did – unfortunately I won’t be able to give you the reasons you should mention to them because only you know why you did it and that is what you have to try and explain to them in an honest, clear manner. There is no specific way to explain it under UK law - it is the same in any country - it is a case of trying to make them understand what went through your mind at the time and why you did it, that is how you explain things like that

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Customer: replied 4 months ago.
Hi Ben, I just found out that I’m pregnant for 4-5 weeks. Does that helps if they dismissed me?

First of all – congratulations. However this won’t really change much if the issues which caused the dismissal occurred before the employer knew you were pregnant so their decision had nothing to do with it