Quizzes & Puzzles3 mins ago
caution
I work in a care home and have recently been cautioned for shop lifting, can i be sacked from my job for this.
Answers
1 to 2 of 2
Best Answer
No best answer has yet been selected by zelig6666. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.
As a general rule, you can't be sacked for anything which occurs away from work. However, there's an exception in that you can lawfully be dismissed for anything which results in a 'loss of trust' in your suitability for the post. (e.g. someone who worked as a bus driver and got 9 points on his licence, through 3 speeding offences [in his own car] in the same month, might create a 'loss of trust' with his employer and he could probably lawfully be sacked).
If you work in the kitchens of the care home, it might be hard for your employer to show that your actions have given rise to a loss of trust. However, if your job provides you with the opportunity to steal from the residents, irrespective of whether you'd actually do so, your employer might well believe that a loss of trust now exists.
In practice, of course, the law doesn't actually stop any employer from firing any employee for any reason. It only provides that the employee can take the case to a tribunal, in order to show that the dismissal was unlawful. (If the employee wins the case, the employer can't be forced to give the employee his job back. He might choose to pay compensation instead). If your employer decided to dismiss you, you'd have to consider whether you'd be able to persuade a tribunal that your actions didn't give reasonable cause for a loss of trust. I suspect that (unless you don't have any contact with the residents or their valuables) you'd find it hard to win your case.
Chris
If you work in the kitchens of the care home, it might be hard for your employer to show that your actions have given rise to a loss of trust. However, if your job provides you with the opportunity to steal from the residents, irrespective of whether you'd actually do so, your employer might well believe that a loss of trust now exists.
In practice, of course, the law doesn't actually stop any employer from firing any employee for any reason. It only provides that the employee can take the case to a tribunal, in order to show that the dismissal was unlawful. (If the employee wins the case, the employer can't be forced to give the employee his job back. He might choose to pay compensation instead). If your employer decided to dismiss you, you'd have to consider whether you'd be able to persuade a tribunal that your actions didn't give reasonable cause for a loss of trust. I suspect that (unless you don't have any contact with the residents or their valuables) you'd find it hard to win your case.
Chris
1 to 2 of 2
