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Staff member stealing

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Oneeyedvic | 12:26 Mon 26th Sep 2011 | Law
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A member of staff resigned last week (instantly - no notice) just before I was about to suspend her on full pay pending an investigation for theft. I accepted her resignation and then completed the investigation to find out that it was probably her.

I text her and asked her to come into the premises and gave her a piece of paper with all the details of my investigation on. She immediately broke down in tears and admitted it was her.

She has now written me a letter confirming that she stole it and the reasons behind it.

I don't want to go into the ins and out of what has happened and I am still debating whether to inform the police or not (and don't need advice on that).

Question is: If I do tell the police, can I tell say that I only want her to get a caution (presuming that she has no previous). I really don't want her to have the stress of a court case etc and would be happy for her to just have a caution - do they take into account the 'victims' wants?
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would this not just be wasting police time ?
To be perfectly honest, I don't have the confidence to say that they would.

You may receive assurances that all she would receive is a caution, and then later find out that *someone* has decided that as this is a 'slam-dunk' case they'll proceed to trial.....it certainly works the 'other way' with depressing regularity.

Has she made restitution to you?
If you're happy with the result of your investigation, and she's owned up - I can't see the point in informing the police. Unless of course the theft value is high, which I'm assuming it's not as you just want her to receive a caution. If she's decent enough, I'm sure she will have learned from this experience through the embarrassment and shame and hopefully, this alone will deter her in the future.
no, you cannot specify what is to happen to the offender
From an employee perspective who has had workmates have things stolen by a work experience student (I didn't work on the day this student worked) I would definitely report it to the police and leave it with them

Why? Because who is to say that she wont do it again? Would you feel worse finding out she had stolen from new work mates or reporting her to the police?

There will be no embarrassment or shame from her once she has left your employ. Do you know 100% that she has not done this before?

Another, more personal level, my sister stole money form her first job. She was caught red handed, they let her off. She then stole form her second job but because they did not know about her previous theft they also just let her off with the sack. She stole form her 3rd job and was lucky to not get reported as it was only after intervention from my mother they did not. Her next job in a large insurance firm on the catering department meant she had a lot of authority. She was responsible for ordering food etc. She used to bring home joints of meat, money, veg etc etc all stolen. Yet again she was not reported to the police - because of this she has never paid restitution for any of her thefts

Sorry, went off on a tangent there but it is just my opinion that you have a duty to future employers and employees to report her
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Ankou - not sure what you mean - a criminal act has taken place. Should the police not investigate?

JTH - She is due wages at the end of the week and has written in her letter for us to take the £80 (which she has admitted to stealing) and to take a further £50 as compensation.

Meg888 - "Decent Enough" - 6 weeks ago I trusted her completely. Impossible to say how much she has stolen - she has admitted to £80 after I find a customer who had paid £50 which couldn't be tracked. As a friend of mine said "she is hardly going to admit stealing £1000s of pounds over the last two years".

bednobs - thanks. Thought this may be the case.
you are calling in the police and then not wanting to press charges.

is that not a waste of police time ?
Once you call the police in, its out of your hands. It becomes a criminal investigation. If at a later time you refuse to go court you can be hel in contempt.
I have to agree with Ankou.
To involve the police essentially takes it out of your hands, I'm afraid.

I think you need to decide whether to consider the loss of her job and good-name is sufficient punishment for *you*.
If it is, say nothing...........if it isn't, involve the Police, but be prepared for a court-case, etc.
Only you know all the facts....
Do you think it is £1,000's over the years then?

If yes, even more reason to call the police IMO
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Ankou - As explained, I wanted her given a caution. I cannot caution her, only the police can do this. Hence the question.

OJ - we live in a small town and so references tend to be done my phone calls. I know her previous boss and spoke to him before I employed her.
Also consider her next employer and what you would want to be a matter of public record were that to be you ...
But you can't expect the Police to 'investigate' but only up to *Caution level*.
And you can't limit the scope of their investigation once you have initiated it.....it will go where it will go.

You may find a sympathetic Sergeant who'll agree to the caution, only for him to be over-ruled by an Inspector.
small village or not oneeye, I do feel for you but you really should report her
Ia gree with jacktehhat.
You may change your mind though on whether a caution is sufficient if further past thefts come to light.
If you feel you may never know the extent of the thefts then maybe control procedures need to tightened up.
Will you be mentioning the reason for leaving in any reference?
If this was me personally, I would take into account the age of the person; what their background was; had they been a hard working employee over the years; could this have been a 'one off'. Lots of people make mistakes in their early jobs/careers but it doesn't necessarily mean that is the way to continue. If however, you feel there is more, could you not investigate further to find out?
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It's a small company - 2 employees at this site. Both had been very trusted. Unfortunately, due to the type of industry it is almost impossible to figure out if someone is stealing (if they have half a brain). Trust me, the business has been going since 1921 and it has always been a problem.

I don't think that it has been much money, but then I really didn't think that she would steal at all, so don't know how much or how often.......

Really still not sure whether to go forward or not.

I have been told by legal adviser (telephone helpline via association) that any reference given can only be factual. I could of course just refuse to give a reference (which speaks volumes).

That said, I have been the reference for a couple of people who have had jobs in the last 6 months - neither of the companies approached me at all, so not sure that people even bother checking anymore
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butterflytattoo - you've hit the nail on the head :)
we all got what you were saying but its not just a slap on the wrist though really, it will go on her records for 5 years.

i am not saying go to the police or not (your q said you didn't need that input). my point was merely that there are costs to the public purse and time to investigate that might be better employed elsewhere if all you want is to get someone to tell her off on your behalf.

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