Legal question?

Question

i am working at a local domestic violence refuge, and it is claimed that I have been some discrepances and I am to blame and I have been suspended however I have not been informed what the problems are and have not been given the oppotunity to defend myself and have been told that if I resign then nothing further will be done. If I have unwittingly made a mistake then I would like the oppotunity to defend myseld and give an explanation of what has happened if anything. The manager is acting as though this is a fait accompli and I have no rights........this can't be right can it

Answer 1

Talk to ACAS: http://www.acas.org.uk/ or call 08457 47 47 47.

They can help with instant, free advice on employer/employee rights.

Answer 2

I am not an expert at all but if you are in the UK this sounds very dodgy. As far as I am aware, you can only be instantly sacked for gross misconduct.

Do you have a contract of employment and what are the measures put in place for dealing with any lower level misconduct matters - you need to try and find out.

You also need to seek legal advice. I am pretty sure that unless you are alleged to have done something REALLY bad, they must tell you what the issue is, listen to what you have to say and then give you a written warning. I think you should be allowed to have a friend or colleague with you during this meeting also - as support and who might remember things that you forget during the meeting.

DON'T resign just because they want you to. This could probably be construed as constructive dismissal.

Get legal advice really quickly. It may also be worth you writing a formal and polite letter asking that you be fully informed as to what you are supposed to have done.

Good luck.

Answer 3

You cannot be fired and accused of theft, without propery charges being brought against you.

You then have the right to defend yourself, with the onus upon them to prove you guilty.

To resign and walk way, almost admitting guilt, allowsthe true guilty person to walk free, possibly to steal again, and where the Manager is so insistant that you resig and walk away, question his own motives.

Is he protecting someone, is he guilty himself or is he of the sincere opinion that you are guilty.

Nomatter, you have the right to a hearing and a defence. Where you are denied these fundemental rights, tell them you will sue or go to a tribunal.

It's strange, yes,that a refuge for those hurt by violent people whould themselves be violent, in the mental torture sense, to oe of their own.

Answer 4

I'm not a criminal, employment or human rights lawyer but I am a solicitor in a commercial practice who did a bit of this sort of stuff in the past. It sounds like your employer is acting unreasonably/illegally. I would suggest writing to amnesty international. They're very helpful with problems like this if you can't speak to an employment solicitor elsewhere

Answer 5

no not if you live in the us . You have rights to defend yourself from the accusation . Tell your boss that you want a hearing between you ,boss and his boss and tell your side and if they still want to fire you then get a lawyer someone who specializes in business law. Hope this helps good luck.

Answer 6

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