Submitted on Monday 5th October 2015
Published on Wednesday 14th October 2015
Current status: Closed
Closed: Thursday 14th April 2016
Signatures: 13
Tagged with
Stop employers dismissing staff on 'balance of probabilities' based decisions.
Currently with serious disciplinary accusations UK employers do not have to prove the employee's guilt to a comparable level as ‘beyond reasonable doubt’ to be legally able to dismiss them out of hand, provided they can claim their assumption was 'reasonable' on 'a balance of probabilities'.
Evidence for disciplinary proceedings merely requires the employer to justify their action by showing they could ‘reasonably’ assume the employee was guilty on a ‘balance of probabilities’, meaning that when the available evidence from both sides of the issue is circumstantial employers can select any scenario that could ‘reasonably’ be considered as possible in the given situation and opt for it, regardless of any circumstantial evidence the employee has produced to support their innocence.
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