Facing possible dismissal.

sniggings

starrystarry wrote: »

:rotfl:

"Works in a court"? Judge? Barrister? Cleaner?

:rotfl: no you just stole my punch line, I was going to say he's the head cleaner

sniggings

MissSarah1972 wrote: »

You have really done that? LOL :rotfl:

no... ( I made it up)

marybelle01

DVardysShadow wrote: »

1315 is a lot of posts and you have not dazzled me with your intelligence or correctness [if any].

If you could have knocked down what I wrote with logic or reason, you would have done. The essence of this is that what you are asserting as being a reasonable belief in law, in truth is not a reasonable belief.

I have already explained, before you ever posted, why your resoning is incorrect. I therefore do not need to do it again.

lucy03

sniggings wrote: »

I have just rang a friend who works in a court and he says I am correct, all the cases he has heard has found for the employee.

I knew I was correct but it's good to get someone that works in a court to confirm it.

This is wrong I'm afraid, it is allowed in law to dismiss on these grounds, subject to a myriad of rules being followed, which mainly relate to reasonable behaviour.

More information is below for example:

http://www.consortiumpublishing.co.uk/employment_law_articles.php?cid=145

marybelle01

SMD+AD wrote: »

Because I have been suspended and a disciplinary hearing is to be arranged, the others gave statements and that's all. I have an appointment with a solicitor on Monday and will be taking advise on what my next move will be, I have read about the Burchell Test that employers should use in cases like this, its my view that they have failed to pass this test - hopefully that will be the case.

Anyway to get back to the point of my question, if the jsa/insurance lifeline is cut I'm finished, tribunals take approx 6 months to complete, by then I will be penny-less and homeless, and likely unemployable. And all for something I didn't do.

The bottom line is that JSA may be sanctoned if you are dismissed, and insurances will almost certainly not pay out if you are dismissed. Despite what you were told before, dismissal for misconduct is almost always viewed as voluntary.

What might be a hell of alot more helpful to you would be to explain why the employer thinks you could have stolen the money if you never handled it, or had access to it. That way you might get some advice on how to handle the problem, rather than people speculating that you were in a room with the money and three other people! Because if it was a room, the money, and you, and three other people... then I could see why the employer thinks one of the 4 of you did it!

DVardysShadow

marybelle01 wrote: »

I have already explained, before you ever posted, why your resoning is incorrect. I therefore do not need to do it again.

My 'resoning' is correct. It is the application of the terminology 'reasonable belief', either by you or the courts, which is wrong.

Probably by the courts, but don't let it go to your head

Sambucus_Nigra

marybelle01 wrote: »

What might be a hell of alot more helpful to you would be to explain why the employer thinks you could have stolen the money if you never handled it, or had access to it.

^ This.

OP - what gives the employer reason to think that you took the money? [It's like pulling teeth sometimes on here].

MissSarah1972

SMD+AD wrote: »

Because I have been suspended and a disciplinary hearing is to be arranged, the others gave statements and that's all. I have an appointment with a solicitor on Monday and will be taking advise on what my next move will be, I have read about the Burchell Test that employers should use in cases like this, its my view that they have failed to pass this test - hopefully that will be the case.

Anyway to get back to the point of my question, if the jsa/insurance lifeline is cut I'm finished, tribunals take approx 6 months to complete, by then I will be penny-less and homeless, and likely unemployable. And all for something I didn't do.

You are the only one that has been suspended?

If the other 3 people have only been asked to give statements to me the employer thinks it is you. Why would that be when you said you didn't have access to the £?

starrystarry

Sambucus_Nigra wrote: »

^ This.

OP - what gives the employer reason to think that you took the money? B]It's like pulling teeth sometimes on here[/B.

I know, it's infuriating sometimes. I often give up following threads for this reason.

marybelle01

DVardysShadow wrote: »

My 'resoning' is correct. It is the application of the terminology 'reasonable belief', either by you or the courts, which is wrong.

Probably by the courts, but don't let it go to your head

Sorry for the typo. I didn't realise it would offend. As for the rest, I don't write the law. Wish I did. But what I have said is how tribunals operate the law.