Arrested, Charged, Suspended, Dismissed, Acquitted..

Jacey53

Was the gross misconduct the fact that you were arrested and charged, or was it related to the offence itself? How closely was it related to what you were charged with?

You state that employee parking passes were involved. If so, you may well have been dismissed for a breach of your employers code of conduct (for example letting a non-employee park in your car park) rather than the fraud offence (for example forging parking permits for sale).

I am not suggesting that these examples are in any way related to your circumstances.

I am just trying to illustrate that your dismissal may not be so directly related to your aquittal and you may not have any redress against your employer.

Googlewhacker

RacyRed wrote: »

If the OP has only recently been aquitted that would explain it?

Maybe but maybe not, as has been said before the employer does not require the absolute proof that a court does so if they can sack someone whilst it is going through the court system I would have thought they could hold the appeal if they wanted.

maninthestreet

How does alleged abuse of an employer's parking permit by an employee get to be considered a possible criminal offence that leads to a trial at a crown court???

sizle

maninthestreet wrote: »

How does alleged abuse of an employer's parking permit by an employee get to be considered a possible criminal offence that leads to a trial at a crown court???

When it is alleged that the parking permit involves fraud.

SarEl

It may be totally moot anyway, in that if the dismissal was more than 3 months ago then there is no tribunal claim to be made and hence the employer doesn't need to rush to do an appeal because it isn't going anywhere! But there are two elements here. The first is, as has been pointed out, an employer only requires reasonable belief to dismiss fairly, and it would appear that such did exist. However, there is a second aspect to this - the reason for dismissal is not necessarily the same as the charge brought in court! Being acquitted of a criminal offence of fraud does not mean, for example, that the OP did not abuse their parking permit provided by the employer. Abusing your parking permit may be a dismissable offence, but not fraud. So the two things - being found not guilty in court and being found guilty in a disciplinary, do not equate necessarily.

bendix

SarEl wrote: »

It may be totally moot anyway, in that if the dismissal was more than 3 months ago then there is no tribunal claim to be made and hence the employer doesn't need to rush to do an appeal because it isn't going anywhere! But there are two elements here. The first is, as has been pointed out, an employer only requires reasonable belief to dismiss fairly, and it would appear that such did exist. However, there is a second aspect to this - the reason for dismissal is not necessarily the same as the charge brought in court! Being acquitted of a criminal offence of fraud does not mean, for example, that the OP did not abuse their parking permit provided by the employer. Abusing your parking permit may be a dismissable offence, but not fraud. So the two things - being found not guilty in court and being found guilty in a disciplinary, do not equate necessarily.

I hate it when you talk sense.

Until the OP stumps up with the exact detail of the charges and how they are connected to the dismissal, we're all just speculating. Curiously the OP seems reluctant to divulge too much.

Ho hum.

SarEl

bendix wrote: »

I hate it when you talk sense.

Until the OP stumps up with the exact detail of the charges and how they are connected to the dismissal, we're all just speculating. Curiously the OP seems reluctant to divulge too much.

Ho hum.

I always talk sense. It's just that not everyone has the good sense to agree with me