jail

nevil99

hi all , looking for employment adivce , after being employed for 16 years with the same firm , i recently got sentanced to 9 moths ,altho my employer knew i was appealing the sentance he sacked me after it, now been realeased 2.5 moths later , he was givin me no redundance money , has he the right to sack me for such ?

as far as iv read on the net , most say that the sentance would have to be of great lengh before he can do this , and it also goes by the lenght of your service with the company,so as far as im aware im morewithin my right to appleal this at a tribunal ??

vax2002

what was the crime ?

poet123

It rather depends on how he viewed your crime and whether it would be considered as negatively impacting the business to have you as an employee. If so, he could have sacked you for gross misconduct. As you were dismissed (not, made redundant) no redundancy payment would be due.

nevil99

crime was possetion of ilegal substances ,alltho am not a user ,and my employer was aware of the crime for about 1 year , as this is the lengh of time before prosicution,if that was the case why did he not sack me 1 year ago when i 1rst told him i was at court for that offence ? he still kept my emploment going knowing well what the crime was for a long period of time

scooby088

I think the fact you were in prison for two months would have an impact on your employment, i think just chalk it up to experience as i think there is very little you can do about it.

hcb42

I think he would be able to demonstrate it was a fair sacking.

whether he will give you another chance is another matter.

nevil99

i disagree , spoke to the citizins advice , frustration of contract, can also include lengh of time off for "sick leave" which anouther employee at the company had longer off than me and still employed , so its ufair i was dismissed for unautherised absence (as it stated onthe letter) ,but its ok for outher employees to have lengh of unautherised absence ...
wither i was off sick orin prison it still goes under the law of unautherised absence in the contract

Caroline_a

nevil99 wrote: »

i disagree , spoke to the citizins advice , frustration of contract, can also include lengh of time off for "sick leave" which anouther employee at the company had longer off than me and still employed , so its ufair i was dismissed for unautherised absence (as it stated onthe letter) ,but its ok for outher employees to have lengh of unautherised absence ...
wither i was off sick orin prison it still goes under the law of unautherised absence in the contract

Why are you asking then?

nevil99

these are possiblilities , lots of ins+outs to it and small print ,just asking if any outhers had such experiance ,as the conversation with the citizins advice was brief on the phone

nevil99

this was my arguement , but i suppose my employer will have a "come back" to my thoughts to free himself from paying me redundance money

Horace

Your employer cannot be expected to keep your job open whilst you are in prison. It isn't unfair dismissal because you weren't off sick - you were dismissed fairly. If someone goes off sick without telling their employer then this is unauthorised absence and it can lead to displinary action being taken which may result in their dismissal on capability grouds.

You were imprisoned for a criminal offence and your employer will have viewed this as gross misconduct and sacked you. Thus the dismissal was fair. Your employer probably didnt do anything before because maybe there was a chance that you would be let off but the jury decided otherwise and imprisoned you instead.

From the circumstances that you described..the employer was within his rights to sack you for gross misconduct due to your unauthorised absence.