Disciplinary For 'theft' From Employer. Advice Please!

[Watchingg]

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.

[DJHawkes]

the company will take it as gross misconductand probably hold the view that it may not be the first time. as long as they carry out the disciplinary procedure correctly they may well dismiss you, I know if it was me doing the process and it was as you describe I would consult with the HR dept on how to make sure the investigation, process and notes were spot on so as to be able to get rid of you.

[naomi24]

The item wasn't yours. Why did you bring it home with you? I don't think lying or trying to weasel out of it will do any good at all. If you are a good employee, talking to your employer and explaining your action will stand you in better stead. If I were your employer, it would with me.

[DJHawkes]

the issue though is that is bringing the company into disrepute, not just a theft by an employee of stock belonging to the shop. The value will not matter a jot, it will be method of the theft, which was intentional, and the demonstration of untrustworthyness, that will be the main issue.

[Watchingg]

Thanks for your answers, the situation is exactly as described. The store on the whole has the culture of 'If you find something, keep it and don't tell anybody'. The thing that really irks me is the fact that it is common knowledge amongst the workforce, including management, that several members of staff have found £10 & £20 notes on the floor and kept them. A blind eye is turned, unless a customer returns, is how it seems to me. I just thought it was my 'lucky' day, now my job is probably gone.
At least I got a lay in this morning!

[dzug2]

The item was in the store's safekeeping - or should have been.

If your proposed story were true, why was it not found in the back office?

Therefore you stole it from the store

You might be able to stay out of court but I think it's goodbye job, particularly if you start wriggling too much

[DJHawkes]

the worst thing you could possibly do at this point is try to justify your actions by implicating other staff and management in anything to do with finding dropped money and keeping it. There would be no evidence/proof of any such action and would be seen as vindictive and wholly irrelevent. At any interview, do not refer to anything other than the alledged incident, do not speak unless to reply precisely and briefly to the questions put to you. if there is a silent gap do not be tempted to fill it. do you have a union rep you can ask to accompany you, if you are not in a union and cannot have a rep with you then there is no chance of you knowing that the person interviewing you and the independant note taker are following correct procedure.

[Watchingg]

I also think it may have something to do with me mentioning to a senior member of staff that I was raising a grievance against my boss, just two days ago. I had written a 5 page letter, which a senior member of management told me to edit before I hand in. Two days later I've been suspended for this. I work for one of the largest companies in the world, it has been very eye opening and you would probably not believe how 'dog eat dog' it is. This is an extremely silly thing to be fired over, which is the only reason why I was trying to 'weasel' out of it. Simply for the fact there is a lot of (for want of a better word) corruption already within the workplace, at every level.

[DJHawkes]

you should be in a union then. speak to them.

[B00]

You might have an instore policy of finders keepers, but im willing ot bet my last fiver that it's not company policy!

You might also believe that because the item is of little value that you shouldn't be taken to task for nicking it, and no matter how much you dress it up, that's exactly what you did- nick it.

You got caught, irrespective of whether others have taken things of higher monetary value and got away with it, you really don't have much of a choice but to fully admit what you did and hope that they might be lenient.

[DJHawkes]

B00 so right, but also there is the element of if he didn't take it someone else has which means he is willing to blame others., also a demonstration of a very weak intrustworthy character. You should perhaps resign now, you'd get paid up to this date and holidays due, you could get another job and the company would be obliged to either not give a reference or a basic one. it's your call.

[woofgang]

sorry but whatever corruption there is or is not within your place of work, its your choice whether or not to join in with it. I feel very sorry for you that you are getting such a harsh lesson, but you do seem to be in a hole and digging. Admit what you did, say you know you did wrong and are very sorry, take the lesson and move on.

[Sycamore3House]

If you work for one of the largest companies in the world they will have a company policy handbook of which you should have been given a copy or even requested a copy. This will probably contain a lost property procedure. Of which there will be a time limit for items to be claimed and then disposed of. It does not matter what the unwritten rules are you have clearly broken the written ones in one form or another.
All major companies know what they are doing when it comes to disciplinary procedures as it is in their interest not to be sued by employees with a grievance.

[woofgang]

trying to imagine which of the largest companies in the world has retail premises in the UK....can only thing of shops in petrol stations......

[DJHawkes]

I agree that all major companies should know the procedures, but the person carrying out the disciplinary meeting will initially be investigating and will not be able to make any decision without referring to their HR specialist. If the meeting leader does not exactly follow the legal requirements and processes then the whole investifation has to be cancelled and no action taken. But in many cases such as this the meetings are unprofessionally carried out and yet the person being investigated does not realise and is treated incorrectly according to the legislation but is unaware. they lose their jobs possibly when the whole process was mismanaged, that happens more often than not.

[Watchingg]

DjHawkes, I appreciate your advice. I know I may seem like I am trying to perhaps pass the blame, but I have my integrity and would never try to incriminate or suggest the same about another employee without justification. Same reason I have not mentioned my employers name or even industry. All I meant was, from a legal point of view, there is no actual proof I left the store with the item. All that can be proved is that I placed the item in to a bag. My real issue is, this has been 'blind eyed' by the company on many occasions, and now that I am piping up with my grievances about the integrity and decision making of senior staff, they've decided that it's not okay & I've been given the chop. Off the record, on any other occasion the member of staff that dealt with the customer upon her return to the store would have viewed footage, returned to the customer and said that the member of staff returned the item to the shelf (Company Policy) and would have offered her to take another. Upon my return to would I would have been asked to pay the £3 for the item as it had to be replaced and I would have gotten on with my work. I appreciate your feedback though, wholly. If I come across as weak or untrustworthy I would like to know! I am though, an extremely strong member of the workforce. I know I won't find it too difficult to get another job. I'm meeting a HR manager from another blue chip company this afternoon. I just don't want to loose face over this, and ultimately nobody likes change. I enjoy mt job and would like to continue working there.

[DJHawkes]

if it's blue chip you are with now then it may be M&S, boots or a bp garage but anyone of those should allow USDAAW

[DJHawkes]

or of course tesco

[DJHawkes]

http://www.usdaw.org.uk/

[woofgang]

what other people do or what usually happens is irrelevant. Its what you did and what the proper process is that is important. The other important thing to remember is that a company disciplinary process is not the same as a court of law. The burden of proof is less for one thing. Whatever your perception is of why you have been singled out for different treatment (if you have).....its all irrelevant. You broke the rules, you know you broke the rules and however other people have been dealt with in the past doesn't come into how you will be dealt with now. Take the lesson, own up, move on.