Dismissed from work on "balance of probabilities" UK?
As a junior (in-experienced) Union rep I have just seen a case which shocked me. A colleague was accused of theft, not one shred of evidence was produced, the police investigated and said there was no case to answer, yet the manager has pursued it and had the person in question dismissed.
Right now this person is devastated, racked to the bone, they are innocent. There was no shred of evidence, but they were dismissed on "the balance of probability" that they were guilty. It would not stand up in a Court of Law
They are so concerned about getting another job, will this follow them for the rest of their life? Or will the Data protection Act protect them? At this moment they can’t face going through an appeal, though I am encouraging them to go down that path, I’m not sure if they are strong enough, the shame is too much
To the first respondent; I think you must not be British, things aren’t like that here. To go through an appeal would not be seen as causing trouble but fighting for justice - cultural differences maybe?
Tagged with: balance of probability • colleague • cultural differences • data protection act • job • respondent • shame • shred of evidence • union rep
Filed under: Data Security
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I think thats shocking! that is definitly a case for unfair disimissal & i agree, they should go to court to clear their name. The problem is if they apply for another job, employers rarely study CVs (i know this!), they will see/find out that they have been dismissed from a former job then that would be it - i dont imagine they would take the time to find out what happened or to get his/her side of the story & then take a chance believing them. I think in not protesting it, it can been seen by others almost as an admission of guilt, an acceptance of thier guilt. what 4rseh0les! good luck to them, i hope they fight thier corner!
Sh1t happens.
Who wants to work with someone who has been accused of theft? Why would the person want to go back to work there anyway?
Better to move on, and get references written by someone in the company who is on their side. Thats about the only issue they will face - getting a new job without someone gossiping and messing it up.
As a union rep - you should surely know that encouraging an appeal will just mark the client as a trouble maker. Thats a nail in the coffin for careers.
EDIT
Ha ha - only a Union rep would see appeals and tribunals as ‘fighting for justice’.
Employers and management see it as troublemaking, and if your client gets a name for it wont be able to find employment easily afterwards. Its a very small world.
I’m not an employer or a manager, but I have been on sites where employees make a stink when they should just accept it and move on. They then wonder why they arent being promoted and are being given the sh1tty jobs. Much better to move elsewhere and start anew.
I’m from the UK.