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Original poster

I have been dismissed from my job for being suspected?

45 replies

mum2jakeyroo · 23/12/2007 23:04

I have had the disciplinary etc and they say they are sacking me for being suspected of something. Surely if something is only suspected they can't sack you unless it is proven can they?

By the way I am innocent.

OP posts:

RubySlippedonastraymincepie · 23/12/2007 23:06

well, i assume there is an appeals process?

If so, i would speak to HR and get it sorted out

if you need more advice call ACAS

merrylissiemas · 23/12/2007 23:06

it would depend what you are suspected of really.

pinkbubble · 23/12/2007 23:07

Have no idea how these things work! All I know is if I had been accused I would be mortified! What are they suspecting you of?

WendyWeber · 23/12/2007 23:10

Normally if you'd been in a job for a certain length of time (2 years?) they'd have to suspend you on full pay pending an ivestigation.

If you've been there a shorter time they probably can just finish you.

What are you suspected of? And why do you think you've been accused? Could someone else have done whatever it is but said it was you?

themoon66 · 23/12/2007 23:11

Yes they can sack you if they only suspect. If they suspect two people of the same thing, they can sack both of them. Even if you've been found not guilty in a court of law, they can still sack you. Check out employment law.

themoon66 · 23/12/2007 23:12

Checking my union employment law book now to find relevant bit to quote to you...

wessexgirl · 23/12/2007 23:13

What are you suspected of? And how long have you worked there?

Bauble99 · 23/12/2007 23:14

I think if something is classed as 'gross misconduct' you can be instantly suspended pending investigation if you have been employed for over a year. If employed for less than a year you cannot claim 'unfair dismissal' but can claim 'wrongful dismissal' if the correct procedure (ie appeals etc) isn't followed.

the ACAS site should have info.

Wisteria · 23/12/2007 23:15

Can't sack on suspicion as far as I know, unless the disciplinary procedure has already been exhausted - had your verbal and written warnings or if gross misconduct.

Get yourself on the ACAS website and read up on your rights.

Go to see the HR dept and ask for copies of all paperwork pertaining, go to see an employment lawyer or CAB and ask for a free initial consult to find out where you stand.

What have you been accused of and how can you prove that you didn't do it?

Bauble99 · 23/12/2007 23:16

If employed for less than a year, and in fact on the first day of work, you cannot be sacked for anything that is racially, disablilty or sexually discriminatory.

themoon66 · 23/12/2007 23:18

If we don't know what you are accused of it's very difficult to help

wessexgirl · 23/12/2007 23:18

My understanding is that you can be suspended pending investigation for something that isn't proven - otherwise you have grounds for appeal.

bossybaublesinherbritches · 23/12/2007 23:19

But bauble we both know of instances where we can ask an employee to leave pending investigation whether by us or outside bodies.

(although I agree with what you say....)

Original poster

mum2jakeyroo · 23/12/2007 23:20

They have sacked me for suspected 'removal of company monies' which is theft I guess. It's all a load of old bollocks, as first of all I haven't done it, second we are searched in and out of the premises, and third the 'evidence' they put forward is purely circumstantial, ie I was at the till with money in my hand, which of course I would do as part of my normal working day. I have come to the conclusion of the appeal process and am waiting on a decision, however they were difficult with me and made it a practical impossibility to attend my final appeal hearing. The 'investigation' turned up no new evidence where as an immediate stock take was never held, and to my knowledge one has not been subsequently held.

If it is the case that someone can be sacked for being suspected of something then it is a pretty sad thing as in order to get rid of someone all a person needs to do is claim they suspect someone and then it's bye bye time.

OP posts:

frostythesnowmum · 23/12/2007 23:21

They can sack you but need reasonable grounds to suspect you - it is not like criminal law where reasonable doubt exists.

Bauble99 · 23/12/2007 23:22

Difficult in a small business, isn't it bauble?!

themoon66 · 23/12/2007 23:23

Is the OP going to come back and give us more information to go on do you think? Or shall I just go to bed now? Sort of hanging on here...

POOKAingwenceslaslookedout · 23/12/2007 23:24

She did, a couple of posts down.

Original poster

mum2jakeyroo · 23/12/2007 23:24

I have done a bit further up

OP posts:

Wisteria · 23/12/2007 23:25

Well you can certainly be suspended but not sacked I didn't think (unless proven obviously)..... I think you would be best advised getting some professional advice.

EricScrooge · 23/12/2007 23:25

This doesn't sound right at all.

You can't be 'suspected' of something and get fired.

If you have had a disciplinary and been fired then this means they have evidence of your conduct enough to dismiss you.

Procedure is (in a nutshell)-

found to be doing something/reported as doing something wrong, given brief interview to find out what is going on along with other statements from any staff invlolved, given letter notifying of disciplinary if they feel there is an issue enough to be disciplined for, suspension until disciplinary if it is classed a gross misconduct, formal interviews and statements taken from witnesses/managers, disciplinary/evidence heard, decision made.

If they have sacked you they must have proof of your conduct.

If not - you have been unfairly dismissed and can ask for appeal.

WendyWeber · 23/12/2007 23:26

Yes, sadly, you're right, mum2jr - if they want to get rid of someone that's exactly how they can do it - it happened to my DH when a member of senior management wanted to put a pal of his in instead, so DH was accused of something he hadn't done (deleting some unspecified computer files - he was IT Manager FFS) and when he denied it they said they didn't like his "stance" and sacked him for gross misconduct.

In his case he went for an industrial tribunal and eventually they settled for about 4 months wages before it got that far (which disappointed me as I wanted to go to tribunal and punch the bastard)

Our local CAB was really really helpful and provided free legal advice - have you been to yours?

Quattrocento · 23/12/2007 23:26

This all sounds incomplete/odd. Suspected of what?

themoon66 · 23/12/2007 23:26

Sorry... crossed posts.

Poor you. What a horrible thing to happen. Is it a large company? Public sector or private?

EricScrooge · 23/12/2007 23:29

Sorry - meant to add that i have dealt with this kind of thing for years and disciplined/fired many many people (not nice thing to do at all) and we would NEVER dismiss someone unless the correct process had been followed and there either was enough evidence against them or they admitted it themselves.

Never had one go to tribunal ever.

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