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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 4809
Experience:  Owner at James Bruce Solicitors
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I have recently been dismissed from work. I am a graduate

Customer Question

hi i have recently been dismissed from work. I am a graduate civil engineer work at a lower capacity as a highway inspector, they dismissed me without prior warning of a hearing the hearing was not known to me and i was told nothing until i received a letter saying i falsifed inspection record and timesheets can you advise on the law for the best method ofr a successful claim
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: i have a union rep and union solicitor however with time limits i need to find a method of returning into work
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: iam now unemployed however was employed for 7 months
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: iam a disabled worker
Submitted: 22 days ago.
Category: Law
Expert:  james bruce replied 22 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Expert:  james bruce replied 22 days ago.

Unfortunately with only 7 months employment with the employer, you have no action against them for unfair dismissal, as you require 2 years service.

However, it is possible that you may have a claim against the employer for wrongful dismissal. This will depend on the wording of your contract of employment with regards ***** ***** hearings and how they will take place. If the employer has failed to follow the correct process as per the contract then you may have a case against them for wrongful dismissal.

You need to take a good look at you employment contract. You should also discuss the matter with you union and they could advice on appealing the decision and also attend any hearings with you.

Customer: replied 22 days ago.
are there any other aspects of the law i could look into eg defamation, industrial tribunal inquiry or disability discrimination
Expert:  james bruce replied 22 days ago.

If they claim and have evidence of falsifying time some sheets and inspection records, then that is grounds for gross misconduct and Instant dismissal.

That is not disability discrimination.

As advised, you should contact your union and lodge an appeal against the dismissal. You can then see an a hearing exactly what evidence they have alleging what they claim you did.

Expert:  james bruce replied 22 days ago.

Also to be remembered is that if the employer does have evidence for making there decision, they could if pressed pass that to the police to investigate as a criminal offence of fraud.

Customer: replied 22 days ago.
tghere is no evidence of acrimonious activity just exposure to a very accountable computer program
Expert:  james bruce replied 22 days ago.

I cannot advice on the specific evidence they may or may not have.

I can however advice on the process to take as I have done so.

It is unlikely an employer would dismiss on such allegations with no evidence, knowing that a case may be taken to tribunal for wrongful dismissal.

Expert:  james bruce replied 22 days ago.

Can I clarify further.

Expert:  james bruce replied 22 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.