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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74320
Experience:  Qualified Solicitor
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My son is a prison officer. They have threatened to sack him

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My son is a prison officer. They have threatened to sack him after getting a street caution but he has not yet received the letter. The govner says he should have informed them immediately but I was waiting for the official letter.
JA: Where is your son? It matters because laws vary by location.
Customer: Portland. Dorset. U.k
JA: What steps has your son taken so far?
Customer: He is in the unioun
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No I don't think so

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

What do you specifically want to know about this, please? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 1 year ago.
Can he be sacked for not declaring a street caution even though he has not received the letter to confirm the street caution as yet? The police immediately contacted the prison but he has not yet received the official caution letter.

Thank you. How long has he worked there for?

Customer: replied 1 year ago.
17 months, but doing really well

Thank you. Just be advised that as he has been continuously employed at his place of work for less than 2 years then his employment rights will unfortunately be somewhat limited. Most importantly, he will not be protected against unfair dismissal. This means that an employer can dismiss him 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, paternity leave, parental leave, adoption leave or leave for dependants

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

So even if he has done nothing wrong but the employer has got the wrong end of the stick, he could still be dismissed, just because he does not have the right to challenge them. All he can realistically do is explain the situation, apologise in the event he has unintentionally done anything wrong and hope they decide not to go as far as dismissal.

Does this answer your query?

Customer: replied 1 year ago.
thank you

All the best

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