Facts of the case

[Lebea]

A quick question about facts. Acas say an employer should establish the facts of the case. What happens if the employer doesn't establish the facts but instead disciplines you based on assumptions . Would that be a breach of the Acas code of practice?

[teaboy2]

Re: Facts of the case

Employers only need reasonable belief to discipline a person or dismiss them. Assumptions can be deemed as established facts if people have given witness statements etc or theres other evidence that may support those assumptions. So while those assumptions may be assumptions and not factual incidents, the fact that evidence such as witness statements etc may support those assumptions is enough to be seen as establishing facts, its irrelevant as to if those assumptions are wrong or not. As end of the day all the employer can do is investigate, take statements, review cctv, do an audit etc etc etc to establish facts. So even if your innocent of any wrong doing, if the employer has grounds for reasonable belief of you being guilty as a result of the facts they have established or their interpretation of those established facts, then you can still be dimissed as a result reasonable belief.

Whether the dismissal is fair or not depends on the situation and many other things that has been said, done, or whether the employer followed the correct procedure or not. But without knowing what the situation is, i can't say if the dismissal was fair or not in terms of the law!

[Lebea]

Re: Facts of the case

What if there is no evidence to back it up, will the assumption still be seen as an established fact? Will a belief based on the assumption be reasonable?

[teaboy2]

Re: Facts of the case

What if there is no evidence to back it up, will the assumption still be seen as an established fact? Will a belief based on the assumption be reasonable?

If their is nothing such as witness statements (other than from person, that made the intial allegation) or CCTV, Email, Written, audit trail, financial records based evidence etc to back up the allegation, then they would likely have no grounds for reasonable belief.

But don't think what i am saying would put you in the clear, because without actually knowing the ins and outs of your situation or what their evidence against you is, then i can not say one way or the other whether you would have grounds for unfair dismissal or not, should you be dismissed! And same in regards to if the employer has breached acas code of practice or indeed their own disciplinary procedure, which would amounts to wrongful or unfair dismissal (depending on nature of the breach and seriousness)