Thanks for that.
What the solicitor is saying is that had the employer known about the alleged thefts that he would have been dismissed anyway.
To the best of my knowledge my friend did not commit theft.
Although his claim to the tribunal was primarily to get his wages back he, on the advice of the CAB, did mention that it was constructive dismissal. This was because of the unpaid wages and the changes to his contract.
If the judge allows them to bring in the alleged thefts will the employer be required to have confirmation that they actually happened?
Lizzy