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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61271
Experience:  Qualified Solicitor
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Assistant: How can I help? I was accused of stealing in my

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Good evening
Assistant: Hello. How can I help?
Customer: I was accused of stealing in my work place. I’m innocent in that situation.
Assistant: Where are you? It matters because laws vary by location.
Customer: Caerphilly
Assistant: What steps have you taken so far?
Customer: At the moment I am suspended and just got a message that I will have a disciplinary hearing tomorrow
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I will explain the situation. I work in the restaurant. I presented the bill to one of the tables. In the moment when I got to the guests to take the payment they reminded me that is 10% discount that I forgot to put on the bill. So I took the bill away any went to the till to add the discount. After that I went to them with the new bill. The looked quick at it but they had already prepared money. They said that is fine and rest is for me. So I went back to the counter to put money through. I counted the money. I put in the system all amount that they gave me. (First bill was £105 and the second one with the discount was £95). The change that was left was £20. The guests said that is for me so I put the money in my bag. One of the members of staff accused me that those money were stolen
Customer: replied 15 days ago.
And that member of staff that actually accused me just started and he already threatened me once that he will make sure if the restaurant will go down it will be my fault

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 have you worked there for? Please note I am mobile today so may not be able to reply until later today thanks

Customer: replied 15 days ago.
I work there since December 2018.
Customer: replied 15 days ago.
The restaurant that I work for had lots of problems in the past year. I been through all of them (change chefs every month or week) anyway.for many birthdays party’s that were organised there I was buying supplies to decorate. I put so much heart and soul in that place. I really care about the owners and I will never do something like they accused me for

Many thanks for your patience. So just to clarify – What do you specifically want to know about this, please?

 

Customer: replied 15 days ago.
I want to know how I can defend my innocence even though is everything on the CCTV.
Customer: replied 15 days ago.
I wrote the letter explaining everything what happened from the beginning till end. Is anything I can do more

To be honest all you can realistically do is explain the situation from your point of view as best as you can and point to any evidence that may eb available that backs that up.

 

As the employer was not involved in this, in the end they will have to look at all of the evidence and decide for themselves what they believe actually happened.

 

Just one thing you need to be aware of though - 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:

{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/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. In that case your only protection would be if you were dismissed in breach of contract. That would usually happen if you were not paid any contractual notice period due to you (unless you were dismissed for gross misconduct, where no notice would be due). If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. The employer would either have to allow you to work that notice period and pay you as normal, or they instead have to pay you in lieu of notice, where you are paid for the equivalent of the notice pay but your employment is terminated immediately.

 

Does this answer your query?

Customer: replied 15 days ago.
Yes. Thank you for your help

All the best

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