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Disciplinary For 'theft' From Employer. Advice Please!
I served a customer in my workplace, she left the shop and had forgotten one of her items. It was a relatively small value, around £3. I set it aside should she return, 7 hours later she had still not returned so I decided to bring said item home with me.
Another few hours later, the customer returned to the store asking if she left her item behind that morning. The member of staff on duty viewed CCTV footage of earlier that day and saw me bring her item home with me. He gave her a replacement. Now I have been accused of theft from my employer. I have been suspended on full pay pending a disciplinary hearing next week.
My questions are
1: As the item had been paid for, how can this be theft from my employer? Surely it would be theft-by-find from the customer, and up to her to report it to the police? The store wern't obliged to give her a replacement item, and therfore the loss incurred was as an act of goodwill and not theft.
2: I'm unsure as to the legality of the CCTV footage usage, can I simply deny leaving the store with the item? The footage shows me putting item in to a carrier bag branded with our store logo, and then walking out to the back office. For all they know I could have left the item there.
3: I refused to sign the investigation notes, of the initial meeting in which I admitted to keeping the item. Can this work in my favour? Could I now simply deny taking the item? Naieve that question may sound but law is law and I don't know much about it! Any help would be greatly appreciated. I'm on my first day of suspension today and already colleagues are messaging me with support. It's a silly thing to loose a job over, and aside from this error of judgement, I'm a very very good employee.
Another few hours later, the customer returned to the store asking if she left her item behind that morning. The member of staff on duty viewed CCTV footage of earlier that day and saw me bring her item home with me. He gave her a replacement. Now I have been accused of theft from my employer. I have been suspended on full pay pending a disciplinary hearing next week.
My questions are
1: As the item had been paid for, how can this be theft from my employer? Surely it would be theft-by-find from the customer, and up to her to report it to the police? The store wern't obliged to give her a replacement item, and therfore the loss incurred was as an act of goodwill and not theft.
2: I'm unsure as to the legality of the CCTV footage usage, can I simply deny leaving the store with the item? The footage shows me putting item in to a carrier bag branded with our store logo, and then walking out to the back office. For all they know I could have left the item there.
3: I refused to sign the investigation notes, of the initial meeting in which I admitted to keeping the item. Can this work in my favour? Could I now simply deny taking the item? Naieve that question may sound but law is law and I don't know much about it! Any help would be greatly appreciated. I'm on my first day of suspension today and already colleagues are messaging me with support. It's a silly thing to loose a job over, and aside from this error of judgement, I'm a very very good employee.
Answers
It is largely irrelevant who the company is. Theft in breach of trust is theft - however small an item it may be. I would imagine that this boils down to gross misconduct for which you can be summarily dismissed. However petty you believe it to have been, the company has to be seen to act. To answer your questions:- 1. It is theft in breach of trust. Technically the...
10:35 Fri 19th Jul 2013
Woofgang, you are right. It was my choice to join in and I should burn in hell eternally for un-intentionally stealing £3. I would like to point out, I would never ever steal stock. I do not believe in doing that. If I loose my job over this, I will have a clear consience. I genuinely saw no harm. Had I stolen something, and set out to thieve from my employer then I would be kicking myself for doing it. It's not worth the risk and loss of integrity. I just genuinely genuinely genuinely never in a million years thought that anything would even be said about it if I bought the item home, the item would just go back on the shelf and we would be an item over on a stock count. My employer would be £3 up.
Hi Sycamore, thank you for your comment. I have just looked through my staff handbook and there is nothing at all about a lost property procedure.
There is however, a comprehensive section about taking gifts and bribes from people whilst working for the company. But nothing on lost property.
Priorities eh!
Hi Sycamore, thank you for your comment. I have just looked through my staff handbook and there is nothing at all about a lost property procedure.
There is however, a comprehensive section about taking gifts and bribes from people whilst working for the company. But nothing on lost property.
Priorities eh!
Or ASDA!
As others have said.
It doesn't matter what they turn a blind eye to. You were caught steeling something that didn't belong to you.
Unless they automaticly sack theives then your best hope of redemption is to admit what you have done and prostate yourself on their good nature and ask for a second chance.
Perhaps offer to go on a training course (don't know which ones a thief would do though) or to change location ie: not on the tills untill you have proved you can be trusted again.
As others have said.
It doesn't matter what they turn a blind eye to. You were caught steeling something that didn't belong to you.
Unless they automaticly sack theives then your best hope of redemption is to admit what you have done and prostate yourself on their good nature and ask for a second chance.
Perhaps offer to go on a training course (don't know which ones a thief would do though) or to change location ie: not on the tills untill you have proved you can be trusted again.
It is largely irrelevant who the company is. Theft in breach of trust is theft - however small an item it may be. I would imagine that this boils down to gross misconduct for which you can be summarily dismissed. However petty you believe it to have been, the company has to be seen to act. To answer your questions:-
1. It is theft in breach of trust. Technically the "loser" is the owner - ie the customer. However it could be said that the store was a gratuitous bailee.
2. The use of CCTV is perfectly legal. Yes you COULD have left the item out the back but you admitted keeping the item at point 3.
3. Your early admission of guilty could work in your favour in the sense that it is unlikely there will be any police involvement a) not worth it and b) it can be dealt with internally. You could deny taking the item, but that is going to lack credibility if you've already admitted it.
I think the best you can do is let things take their natural course. You *may* be lucky and get away with a final warning, but theft is theft.
1. It is theft in breach of trust. Technically the "loser" is the owner - ie the customer. However it could be said that the store was a gratuitous bailee.
2. The use of CCTV is perfectly legal. Yes you COULD have left the item out the back but you admitted keeping the item at point 3.
3. Your early admission of guilty could work in your favour in the sense that it is unlikely there will be any police involvement a) not worth it and b) it can be dealt with internally. You could deny taking the item, but that is going to lack credibility if you've already admitted it.
I think the best you can do is let things take their natural course. You *may* be lucky and get away with a final warning, but theft is theft.
Okay, I posted this on here for a little advice. I would also love to post my credentials, so you may take me seriously but I'm not going to do that for obvious reasons. I didn't post this really for you all to guess my employer, however I understand it may be interesting. I said I work for one of the largest companies in the world, blue chip and I'm in the UK. Not that it was a UK blue chip company. Also,
My question wasn't "Am I a theif?"
So please don't just type me abuse. I'm a real person :)
My question wasn't "Am I a theif?"
So please don't just type me abuse. I'm a real person :)
And you have had advice both professional (I used to conduct disciplinaries for the NHS) personal (from someone who works at the sharp end of retail) and legal (from a barrister) which you don't appear to want to take.....
Now the question may not have been "am I a thief?" but the consensus answer does seem to be that what you did was stealing!
Now the question may not have been "am I a thief?" but the consensus answer does seem to be that what you did was stealing!
Woofgang, where there is an air of corruption, and the big boss man say's that actually you can do this if you like, just dont tell me, Wink wink. It's almost as if your employer wants to make sure they can fire you at any time. So yes, you could do something like join a union, and be fired for something trivial, which they have said is 'okay', but which could ultimately amount to gross misconduct. It's a funny company, you'd really have to experience it to understand my annoyance! I understand though, I took the item and I shouldn't have.
Oh yes! I know two people that have worked for the company for 5 or 6 years, joined a union, and then been dismissed for something trivial, which would be deemed as acceptable if you kept it to yourself, wink wink, within a month. I have also heard of others, but not witnessed, but that's the general concensus All of our staff are close knit, most things are done off the record, we get 'advice' off the record from senior members of staff, which obviously we are going to act upon. I guess I have just learned that sometimes when you think people are doing you a favour, they're actually doing themself a favour.
I suggest you contact the union they joined and advise them of your situation and the creeping trend in your company as regards union employees, i cannot believe that union members would be dismissed for trivia matters when they are a member of the union, no retail company will put themselves in that firing line and suffer a £25,000 plus legal bill
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