Question Author
Thank you for your answers. We have a robust payroll system (sage payroll) that is backed up by a good clocking on/off system set up on the till that provides evidence of when employees are in the stores. We have plenty of evidence to show that we do not owe this employee anything, he has been fully paid for all hours worked.
Records are available to provide to police at any time, we have never refused or not been able to provide them to the police and I cannot see that anyone could justify that this could be used against us.
I think the point I was asking was not if we can prove that the employee stole from us, we can, but that the fact that he just took money from the till does not seem to be good enough for the police to want to bring a case. Why does this seem to be an acceptable excuse for stealing? As I said under employment law, an employee must first ask for the missing money, then bring a grievance and finally take it to a tribunal if all else fails. It does not state anywhere that it is okay to help yourself if you believe that you have been underpaid!
Many thanks for the answers provided so far.
Sue