Help employment law?

Question

I am working at a local domestic violence refuge, and it is claimed that there 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

Hi Debbie.

First of all, you do have rights.

There must be evidence that it was you. If you know it was not then it might be the manager trying to cover something up.

There may be an issue of honest mistake if it was you.

You do have a common law right to face your accuser and demand Habeus Corpus. Produce the evidence!

If there is a dismissal with no grounds then it is unfair dismissal.

If you have been there for more than 12 months.

I would strongly suggest that you consult a solicitor asap. This could be looked upon as a stain on your good character.

Best of luck.

Answer 2

Firstly you cannot be suspended without notice of reasons. All suspensions are to be made after a meeting with your employer in which your actions or omissions are discussed, or prior to an investigation. You are to be keep informed of any information and outcomes if there is an investigation.You cannot be suspended without a reason, or a justificatory action. You can take this to a tribunal in which a person will review your complaints and deal with any discrepancies. Your best chance of any settlement in your own mind is to make an appointment at your local citizen's advice bureau and immediately. If your boss is forcing your hand into a resignation is is unlawful and you can sue your employer for such actions

Answer 3

I would fight, everyone has rights. The danger is that someone is setting you up as the fall guy, possibly the manager. I would tell her/him that not only are you not prepared to resign but that you are taking legal advice. In the meantime I'd speak to Citizens Advice and possibly get a free half hour under Legal Aid. If you have no idea what the problem is the chances are it's not your problem, someones just pushing the blame your way. If you simply resign someone will be saying to the others "I told you so". Fight it.

Answer 4

hi - this would not violate human rights regulation and in maximum situations, it would not violate employment regulation the two. besides the undeniable fact that, it could be the corporate's corporation that denies the worker's application, not the worker's modern corporation. it is legal, and in certainty uncomplicated, for agreements between companies to contain a "no poaching" clause. what's each so often not legal, finding on the area, is a corporation's appropriate to ban an worker from searching for different artwork. Agreements between a corporation and an worker which shrink the place an worker can artwork submit-termination, or restrict an worker from working in a undeniable marketplace, won't be legally enforceable. to that end, the corporate is purely not probable to wish to jeopardize their relationship with the corporation by utilising hiring you. the corporation is clearly adamant approximately implementing the words of their contract with the corporate. ought to you sue them? Yeah - yet whether you gained, what might you get? a role with a company who's annoyed through fact which you value them a great account? a foul relationship alongside with your modern corporation, with whom you need to deal on your new function? some issues purely are not nicely certainly worth the drama - i might enable it flow.

Answer 5

There are strict laws regarding employment issues. You should have been present at a meeting. You should have been allowed to bring someone with you. You should have been presented with the facts and be allowed to defend yourself as you quite rightly said. It sounds to me as though you are being made a scapegoat perhaps by somebody in authority. They might be blaming you to save their own backs and hoping you just disappear meaning they get away with it. Don't let them. Demand a meeting with your superiors to discuss the situation. I can not believe how unprofessional they are being! Threaten with solicitors if you have to. You have rights, fight for them! Good luck.

Answer 6

Try this website, they have a phone number too...http://www.acas.co.uk/ It depends whether you have a contract of employment with the firm, but you should be entitled to a tribunal... but.. beware the firm will not tell you what your "charge" is, but only use the phrase gross misconduct, that seems to be used to cover any number of things, but usually nothing in particular, maybe they just want a reason to lose some staff, for financial reasons... who knows! Good luck.

Answer 7

Does this come under the heading 'constructive dismissal'? ie their/his conduct is likely to lead to your unwilling resignation?

see here http://www.compactlaw.co.uk/monster/empf8.html
item 6. If you don't like to use a link, do the search for 'constructive dismissal'

This could also be useful to you if you need to claim unemployed before you can get your next job - because this is one of the reasons when they will allow benefits from the date of claim (usually they wont pay the first 6 weeks). (Uk rules)

Answer 8

You have the right to know and they cannot force a resignation.....or you could sue for sex discrimination.

There has to be valid reasons for termination, if not, you can file a lawsuit based on sex discrimination.

Answer 9

It most certainly is not, get in touch with a lawyer who specialises in employment law. Good luck.

Answer 10

If you have done nothin wrong fight it all the way
He/she may be trying to cover up his problems and lookin for a scape goat