Advice needed please - Interview with police on Tuesday

cathryn107

Sexyeyes - can't advise you on the law, but please make sure you have someone with you at the hearing. You'll be really stressed and will (a) need the support and (b) someone to take notes as you won't be able to do everything

sexyeyes83

Thank you for all your replies.

I understand now that they can dismiss you on the balance of probabilities, although it still seems wrong to me.

It was originally told to me that it was during a four day period, however the notes of the complaint ive received state something different, along with different amounts from what the police have told me.

The money was put into the ladies purse Thursday PM and not there Friday PM.

The lady has one carer in the morning and one in the afternoon. I attended the call Friday morning.

A couple of weeks ago £150 given and was gone in no time. Same carer in at around that time!

Im presuming this maybe the one they were referring to as the four day period, the notes dont mention any times. Just mentions that I attended the property "at around that time".

Regarding the parcel, in the notes it states that only myself and the butcher had access to the hallway. The parcel was delivered at 9am and I arrived at 11am to carry out the call. The lady states that everyone else was out to work during this time.

LinasPilibaitisisbatman, with the utmost respect, from reading your posts in this thread and also in many other threads, it appears your sole intention is to come on this forum and "troll" rather then help. All you seem to do is try and kick people while their down. Ive never stolen a thing in my life before, not even received a parking ticket.

Cathryn107, Unfortunately they will only allow another member of staff or a union representative. I havent spoken to anyone from work since this happened and im not a member of a union. The MD has already said that he will only allow one of the two in.

LinasPilibaitisisbatman

Has the butcher been arrested also?

On the balance of probabilities there is a 50% chance you did do it and if you have had a previous allegation or similar then its likely they have enough to dismiss you.

sexyeyes83

LinasPilibaitisisbatman wrote: »

Has the butcher been arrested also?

On the balance of probabilities there is a 50% chance you did do it and if you have had a previous allegation or similar then its likely they have enough to dismiss you.

I have no idea if the butcher has been arrested.
Thanks for your reassuring comments, however hopefully the police will look into it a bit more then just agree that only two people entered the property.

The notes states

"Miss A picked up the morning post and newspapers as normal and that there was a packet for Mrs B. Miss A has told Mrs B that when she picked it up it had felt like there was something in the packet. When Mrs B came home from work the packet was empty apart from an advice note"

Mrs B said there had been a previous problem with Miss A carer about 3 years ago when items went missing from the post, however this was a different company and dealt with by the police

LinasPilibaitisisbatman

The police will but as said your employers burden of proof is far reduced.

Also who is Misss A and Mrs B ? isnt clear.

Ultimately if its down to between you and the butcher the police will probably not have anything they can do but your employer depending on their take of your actions etc may still feel there is a compelling case to dismiss you.

I also think you don't quite realise this. you seem to think that all that matters is whether the police charge you. it doesnt. Your employer just needs to prove that on the realms of possibility/probability you were involved or neglient.

sexyeyes83

LinasPilibaitisisbatman wrote: »

The police will but as said your employers burden of proof is far reduced.

Also who is Misss A and Mrs B ? isnt clear.

Ultimately if its down to between you and the butcher the police will probably not have anything they can do but your employer depending on their take of your actions etc may still feel there is a compelling case to dismiss you.

I also think you don't quite realise this. you seem to think that all that matters is whether the police charge you. it doesnt. Your employer just needs to prove that on the realms of possibility/probability you were involved or neglient.

Miss A is the client, Mrs B is her neighbour whos package went missing.

Miss A has said that she only let myself and the butcher in. Mrs B has said the others in the flats were at work. Who's to say they didnt return, or other people that have keys to the main door - maintenance and family etc. I would have the police would be looking into this.

I have been advised by Acas and also the employment solicitor I spoke with that if I get dismissed and then the police investigation comes back negative, I would be able to submit a claim for unfair dismissal.

LinasPilibaitisisbatman

Well the employment solicitor is very poorly trained as they couldnt possibly say that. theres a possibility however police investigations wont necessarily prove you innocent but not prove you guilty.

If they sack you and the police dont proceed with an investigation/charge it will come down to probability and the opinion of a tribunial. they may find in your favour but the solicitor is being premature to say you definitly could do this. The fact the butcher isnt someone related to your employer is in your benefit as if they were they could sack both of you and just say it was one of you.

Tbh I think that unless the police investigation proves it was someone else you should be quite concerned about your employment future.

sexyeyes83

LinasPilibaitisisbatman wrote: »

Well the employment solicitor is very poorly trained as they couldnt possibly say that. theres a possibility however police investigations wont necessarily prove you innocent but not prove you guilty.

If they sack you and the police dont proceed with an investigation/charge it will come down to probability and the opinion of a tribunial. they may find in your favour but the solicitor is being premature to say you definitly could do this. The fact the butcher isnt someone related to your employer is in your benefit as if they were they could sack both of you and just say it was one of you.

Tbh I think that unless the police investigation proves it was someone else you should be quite concerned about your employment future.

Well I was always told to believe innocent until proven guilty.

The employment solicitor said that based on the information given to him. Acas have also said the same.
I did not steal or commit any crime, and the information work have sent me looks very feeble in them trying to say it was myself. A bra stolen from a communal hallway which is 4 sizes too big.

After reading the notes regarding the money that went missing, im also querying the dates with work because at the moment they dont seem to add up based on whats in the notes.

LinasPilibaitisisbatman

To dismiss you they do not need to prove your guilty beyond reasonable doubt. ACAS and your solicitor can tell you that but there is plenty of legal precedence contrary to it.

It has to be based on the balance of probabilities. I would suggest if they have 2 seperate thefts and you are the in common factor then on the probabilities a dismissal would be perfectly legal. The fact the bra is too big is irrelevant and tbh you need to stop making a joke of that fact as at the moment it seems two thefts have occurred and you are the person in common on both dates.

If you are dismissed for the likiehood of theft you are in big trouble employment wise.

dmg24

I think what Linas is trying to say is that the level of proof differs between the police and the employer. For you to get a criminal conviction, the case against you needs to be proven beyond reasonable doubt. For the employer to dismiss, the complaint is decided on the balance of probabilities, which is much lower than the former.

It is impossible for anybody on here to give a balanced viewpoint on this, because nobody knows both sides of the story. Be very careful with relying on opinions from ACAS, an employment lawyer where there has only been an initial consultation etc, as they do not yet have the full version of events.

(Crossposted with Linas!)