Charged with an offence - and dismissed from work...

[Sparky67]

My son has been charged (along with an ex-football team friend and others) by the police with an offence which is going to court - he has pleaded not guilty and is awaiting trial. He was not directly involved in the offence but had unwittingly given the others a lift in his car to the area. The others have pleaded guilty. (I have met one of the others since who told me he was really sorry for what has happened to my son and that he was totally unaware of what they were planning to do. My son's 'friend' has apologised to my wife. The DS investigating told me off the record he knew my son wasn't directly involved, thought my son 'had been used' but was charged because he was there). He has had no previous police involvement - he has some excellent character references and he is in no way a 'bad lad'. He now has has this serious charge hanging over him.

 

So he has been dismissed from his work - their investigating manager has apparently spoken to the police and has effectively said in his letter to my son that they (the company) believe my son is guilty of the offence. He enjoyed his job, was getting on well, his line manager is fully supporting him - and he is absolutely gutted.

 

Can they do that - can he be dismissed based on a belief - when their investigating officer has had no access to information to be used by the defence team to balance his judgement and the case hasn't gone to court yet ?

 

If he is (hopefully) found not guilty does their decision still stand ? Is there any recourse ?

 

Sparky

[andie_303]

it seems extreme when he has not been found guilty of any offence - is there anything in his contract about being convicted (although he hasn't been) of a crime and any effect it might have??

 

Can I ask if your son works ina job that requires a CRB as this may be the factor they rely on.

 

Hopefully someone like Elchi or Erika that have more knowledge of employment law will be along shortly

[Sparky67]

Thanks for the quick response. He wasn't required to completed a CRB form for the job. He does have access to customer details though, the charge involves aggravated burglary of a property, so that's one of the reasons they told him (verbally) he was dismissed. He was in his car at the time the actual offence was committed. He wasn't involved in any planning, aware of their intentions or involved in the actual physical burglary. He just gave his old mate - and his friends - a lift 'to pick some stuff up'. Certainly didn't enter the property or steal anything (which the others have pleaded guilty to). However the police said that by giving them a lift there and waiting for them he can be charged with the same offence - which seems very harsh.

 

His appeal against his work's decision is being heard on Monday - gross misconduct cited as the reason for his dismissal backed up by a statement that he knew his 'associates' characters and their intentions. In fact he only really knew the lad who asked for a lift from his school days and taking him to Sunday football - had kept in touch via MSN but hadn't actually seen him for several months - had never met the others before...and they kept their intentions that evening well hidden.

 

I know this is a difficult decision to overturn, however any advice will be very gratefully received.

 

Sparky

[andie_303]

I'm not really well versed in this area so hopefully someone who does will be along shortly - it does seem harsh however and I hope you get things sorted

[madari]

The employer has clearly dismissed your son on a `resonable belief`[thats all thats needed to dismiss anyone], a reasonable response from any employer under the circumstances should have been to suspended the employee in question pending the outcome of the police charge.

 

Unfortunately we live in a time where you are guilty before proven innocent and not the other way round.

[mariefab]

How sorry is his 'friend'?

Would he write a statement that your son could take to the appeal meeting?

Would either of his 'friend's' associates do the same?

 

Has your son worked for this Company for more than 12 months?

Was a meeting held with your son when he was given an opportunity to give his side of the story?

[Hammy1962]

I know this is not what you want to read but, isn't the getaway driver just as important in a crime as the others actually committing it.

 

When and if proven guilty of course.

 

Hammy's house has been the victim of an attempted robbery and it's not very nice

 

Hammy

[postggj]

hold on a second

 

who told his boss of the offence

if its the old bill ,they will have some explaning to do if its not linked to his employment

 

even the old bill has to follow the dpa

[BeauBrummie]

hold on a second

 

who told his boss of the offence

if its the old bill ,they will have some explaning to do if its not linked to his employment

 

even the old bill has to follow the dpa

 

Very good point postggj-----who initiated contact to the police and on what basis?

 

Beau

[yourbank]

Very good point postggj-----who initiated contact to the police and on what basis?

 

Beau

Were they investigating the incident, ie that the offence happened on the Sunday and that items stolen may have been sold on/or used subsequent to that and so being able to verify that their son was a work might have been part of that investigation. Personally, I think his work over reacted since suspension would have been more logical in view of the job he does.