Hello again, it is not quite correct that the employer has to prove your intentions before they can dismiss. I will explain how the process works.
Alleged misconduct is a common reason for dismissing an employee and it is also one of the potentially fair reasons for dismissal under the Employment Rights Act 1996. It could be either due to a single serious act of misconduct or a series of less serious acts over a period of time.
In order to justify that dismissal on grounds of misconduct was fair, the law requires that the employer:
- Conducts a reasonable investigation
- Follows a fair disciplinary procedure
- Has genuine belief the employee was guilty; and
- Shows that dismissal was a decision that a reasonable employer would have taken in the circumstances
The requirements of proof are not as stringent as in criminal law and an employer is not expected to prove beyond reasonable doubt that the alleged misconduct had definitely occurred. A decision on the balance of probabilities will be sufficient and a dismissal can be fair if the employer can show that it had met the above criteria, namely conducting a reasonable investigation, following a fair procedure and holding a genuine belief that the employee was guilty. Finally, it must show that dismissal was an outcome, which a reasonable employer would have taken in the circumstances.
Only if there is evidence that the employer has not followed a fair procedure as outlined above, the outcome can be formally appealed with the employer. After that, a claim for unfair dismissal can potentially be made in the Employment Tribunal but only if it is clear that a fair procedure has not been followed.
If you are convinced they are looking to dismiss, you could indeed try and negotiate with them over a mutually agreeable exit, to at least prevent a dismissal being on your record.
I hope this clarifies things for you a little bit more.