jail

DCFC79

If you arent a user what were you doing with drugs on you in first place,

SarEl

Poseession of class C prescription drubngs is certainly an offence - if you have enough of them and if you shouldn't have them. Drugs which are legitimately used for medical treatment may also be used for other purposes. But the simple fact is that the OP was absent without good cause (and being in jail is not a good cause!) and a dismissal on these grounds was fair.

And just to correct a mis-statement herein - an employer certainly may fairly dismiss based on allegations. Innocent until proven guilty only applies to criminal law, not employment law. In such a case then (a) the employer may dismiss based on reasonable belief and nothing more, and (b) they may dismiss for other reasons than the criminal act or alleged act - for bringing the company into disrepute, for example. Such a dismissal may indeed be fair - the circumstances of the employers case are what would make it fair or unfair, and has no connection to possible legal proceedings.

In this case, however, the employer would be free and clear. They did not even consdier dismissing until after a jail sentence had been handed down, and the employee was not available for work.

thorsoak

You say that the class C drugs that were in your possession were prescription drugs. You say that you weren't a user - therefore the drugs were not for your use. Had you been carrying them legitimately for someone else, there would have been no case to answer. The fact that you were found guilty of having them in your possession leads to further questions - how did you get them? Did you steal them?

And you expect your employer (1) to keep your job open for you or (2) pay you redundancy?

This is the real world - time you joined it!

DUTR

nevil99 wrote: »

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 ??

Chances are you were dismissed for making yourself unavailable for work.

Kimitatsu

This has now been answered in full

Thread closed