Can I be dimissed

Christmas136

Hi everyone
Can anyone help me I have been put on suspension at work . I cater caused me of stealing from a resident in our care home . I was arrested and taking it to crown court as I have not done this . One of my bail conditions is not to go to my work place . I have a disciplinary next week they are holding it at my work place , can they do this . Also saying they can dismiss me as I can not work at the moment at due to my bail
Many thanks

System

You can be dismissed without reason at any time in the first 2 years of employment anyway. They can't hold a disciplinary without giving you the ability to attend so they're going to have to hold it elsewhere. Remember that you have the right to have a colleague or a trade union rep attend the disciplinary to observe. I suggest not going in on your own.

Guest101

Christmas136 wrote: »

Hi everyone
Can anyone help me I have been put on suspension at work . I cater caused me of stealing from a resident in our care home . I was arrested and taking it to crown court as I have not done this - You don't choose to take it to crown court... . One of my bail conditions is not to go to my work place . I have a disciplinary next week they are holding it at my work place , can they do this . Also saying they can dismiss me as I can not work at the moment at due to my bail
Many thanks

How long have you worked there?

TBagpuss

Well, actually you can chose to go to crown court for some offences - they can be heard in either the magistrates or the crown court and the defendent can elect for a crwn court trial if they wish. (risky, as the crown court hs greater sentencing powers, but sometoims done where a defendent believes that they will be more likely to be a quitted by a jury thanby a bench of magistrates.

OP, as Tarambor says you need to be able to attend the dsciplinary so you have 2 options.

One is to ask you solicitor whether your bail conditions can be varied to allow you to attend the workplace for the purpose of any disciplinary meetings

The other is to remind your employer of the bail conditions and request that they move the meeting elsewhere (or postpone it to allow you time to ask that the bail conditions are varied)

Do use your right to have a colleague or your union rep present.

Bear in mind that the employerdoes not have to investigate, or be ssatisfied, to a criminla standard of proof, so they could still dismiss you, and the have the dismissal be fair, even if you are acquitted by the court.

How long have you worked there? If it is less than 2 years, they don't have to give a reason for dismissing you. If it is longer than that, they have to follow a fair process (which holding the discipplinary meeting at a location you cna't get to would violate) but the outcome is only likely to be unfair if it is one which no reasonable emploer in their position could have come to, so dismissing you on the basis that you have been accused of a serious offence and that there is sufficient evidence that you have been charged is likely to be enough to allow them to make a decision to dismiss you and for the dismissal to be fair. (the test is whether the employer had a reasonable belief in the employees guilt, based on a reasonable investigation.)