I have been dismissed from my job for being suspected?

[mum2jakeyroo]

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.

Loads about this in my employment law book... shall i type it all out?

Eric, are you talking about public or private companies?

Do you feel that the appeal process has been fair (apart from the difficulty attending)?

By that I mean, was the person conducting the appeal far removed from the situation? Or was it a fellow (senior) employee that was involved with you on a day-to-day basis?

This is what I mean about appeals being difficult to conduct fairly in small businesses.

'the reasonableness test 1996 - It is imperative to understnad the difference between criminal law and unfair dismissal law. Many employees feel that the ET is the area for them to clear their name. Unfortunately the real issue is not whether the employuee actually committed the offence, but whether, in the circumstances, it was reasonalbe for the employer to dismiss. An ET may find that an employee was fairly dismissed for suspoectred theft, even though, by the time of the ET hearing, the employee has been acquited in a criminal trial. What counts is whether the employer, at the time of dismissal and having carried otu reasonable investigations, genuinely and reasonalby believed that the employee committed the theft.'

In my DH's case he was summoned to a meeting with the MD & FD - accusations made - he denied them - they said (effectively) tough, what are you going to do about it, and sacked him.

FD's mate was installed as IT manager within days.

It took 3 months to get any kind of justice done.

Private sector.

In my experience, the public sector don't have a clue how to deal with this stuff.

So... it seems that your employer must:

1 - genuinely beleive that you were dishonest
2 - hold that belief on reasonable grounds and..
3 - have carried out proper and adequate investigations.

This was private sector.

FWIW, the MD concerned was Peter Ridsdale (ex-chairman of LUFC - not renowned for being squeaky-clean)

Well thats the thing, they refused to re-schedule appeal based on the fact that they dictated when they wanted me to turn up. I asked could we come to an agreeable time via a telephone conversation and was told no. So my appeal was heard without me being there. I sent an e mail with all my thoughts on etc.

It is in the public sector

this is intresting but scary.....

'if the employer is unable to ascertain which of a group of employees was guilty of the dishonesty, the employer may fairly dismiss all of them solely on reasonable suspicion, provided that - after proper investigation, the employer tries and is unable to identfy which employee is guilty'

I'm sure there are lots of examples of the private sector doing stupid things and jumping the gun, but i have loads of friends who work in the public sector and i can't believe the things they get away with.

Works the other way round too.

This bastard

He is a dishonest, self-serving tosser.

Allegedly.

if youu are [public sector you should have a clear policy. Can you get hold of it? Do you have union representation? This all sounds well out of order/.

m2jr, you definitely need to speak to CSB initially - we were v lucky in DH's case, our local CAB had an employment law expert who did one day a week there - if your local one doesn't have somebody like that, see if they can get hold of one for you.

This kind of thing really really pisses me off (can you tell )

You should have been allowed to ajourn to have time to build your case.

Also, they cannot hold the hearing without you there, as you (or your rep) should have the chance to cross exam any witnesses.

am off to bed... will check this thread again tomorrow.

Definitely speak to CSB. Something whiffy about this to say the least. Good luck.

Themoon: some years ago I worked for a company where we did sack 2 employees for something only 1 of them had done (we think) because we couldn't get the truth out of them and couldn't trust them again. The CEO took some informal legal advice and was told pretty much what you just said. M2JR, as other posters have said, seek some legal advice as this does sound a bit iffy.

Sorry, I meant Private sector, as in retail. I attended any interviews they requested while I was suspended, but after being dismissed the change in my circumstance with child care needing cancelling due to financial reasons I have found all their appointments to be at unsuitable times and locations with very little notice, one location being an hours drive away, if I had the car, which my DP needs on a day to day basis. HR have been no help and if anything I feel they have made the situation worse. All the interviews in the investigation have been on a 2 to one basis where I have been unable to put my side of the argument forward due to being interupted or on occasion insulted. No witnesses have been put forward or any statements of witnesses mentioned, the only evidence is the apparant cctv footage of me stood at the till.