Unfair Dismissal - ** RESCINDED **

[Sidewinder]

On precisely what grounds have you been dismissed? Theft?

 

Whilst you may well have grounds to appeal (and indeed should) against any charge of the theft itself, your employer may still have grounds to dismiss you fairly for acting as an accomplice/being complicit in an act of dishonesty/breach of trust. This would be on the grounds that you were aware that a colleague had stolen items and did nothing about it, or, that you lied when asked about the theft. On that basis, it may be that the employer could hear your appeal but still choose to dismiss, but equally, a well worded appeal might also persuade the employer to downgrade the dismissal to a warning.

 

I am wondering why the CAB would advise you to go to an Employment Tribunal. If, as you say above, you were untruthful when asked about the drinks, then a Tribunal case will be a non-starter. This is not a matter which requires proof beyond reasonable doubt, merely that the employer is required to have a belief on the available evidence that you were involved in an act of dishonesty. A Tribunal will not assess whether the employer was correct in their assumption, merely whether their actions in dismissing you were a reasonable response to the matter in question. Sadly, I fear that not disclosing information during an investigation into a theft will be seen as covering up for the thief, and that dismissal would be a reasonable response on the part of the employer.

 

Sorry - I am certainly not making you out to be as guilty as your former colleague, but believe that in the way you have worded your post, the employer has got you either way. You must appeal because you are not guilty of the theft, but in that appeal you will have to have a pretty convincing explanation for why you did not speak out at an early stage if you knew that your workmate had stolen drinks, and why you acted in such a way as to cover for his dishonesty. Misguided loyalty would seem to have cost you dearly.

[Sidewinder]

Wow! Have to admit that I am surprised in the light of the circumstances, but am delighted for you. Well done for sticking with it.