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Sacked for theft without any proof or police involvement..


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Hi,

 

My husband was sacked for theft on the 1st October 2012 without any proof or police involvement, he was not even questioned by the police. He filled in an ET1 form and was given a hearing date for today 31st May 2013. His ex employers solicitor ordered a pre hearing review saying his claim was 34 days out of time. My husband tried to argue that he had appealed internally and did not receive his appeal letter until the 3rd of November which would have made his claim in time but the judge refused to hear his case anyway.

 

Please tell us what if anything he can do now? We don't even believe any money went missing at all, it took 2 weeks for them to mention anything about the missing money (£119.52), and used the fact that he got his dates and times mixed up as cause for reasonable doubt. Like i said before there has been no police involvement at all.

 

Despite this my husband has been branded a thief and their staff have been stopping my neighbors in the street to discuss my case.

 

I had a legal aid solicitor who was not very good but I did not get a solicitor until after I had been given a hearing date. I filled in all the forms my self and was not fully aware of the procedure, I believed contacting ACAS was the start of the tribunal process. I feel like I am having to suffer all this as I do not have the money to pay for a decent solicitor.

 

Please help...:sad:

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Sadly becky is right. The employer only needs reasonable suspicion to suspend/dismiss an employee. It's probably why no police were involved either.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Reasonable suspicion?? There was no evidence other than he got the week in question mixed up. There was no police involvement because there was no evidence if there was any the police would have been called straight away. There was 15 other people on shift at the time. He accepted responsibility for losing the money but did not steel it, if any went missing at all?? He also worked for them for 3 years with a good record. Not arguing I appreciate your help just trying to give you the full picture. He had also been complaining prior to the alleged event about various things affecting his job which we believe upset his manager and caused them to invent the missing money. We have no proof of this only "Reasonable Suspicion" so we must be rite.

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Again, if they have reasonable suspicion that he took the money, then thats all they need in order to instigate Disciplinary proceedings.

 

I understand your frustration, but as an ex union rep with 6 years service, ive seen too many instances of this, and theres very little you can do apart from a tribunal, or move on to other opportunities.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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To cap it off, in terms of Tribunal process, it's very very hard to show the tribunal that late claims should be permitted. As your husband still had two months after the appeal outcome to submit a claim, there's probably no point in looking to appeal the decision, as the law appears to have been applied correctly.

 

Sometimes it's not nice to hear advice which isn't optimistic, but I hope at least it helps you accept it and move on!

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