Dismissal and home visit from Police

GothicStirling

surreysaver wrote: »

Was it definately seen on CCTV, or are they just calling his bluff? In which case the police may have no evidence except his confession. I would call their bluff back.

Oh yes, very clever. Make the situation worse why don't you?

Hootie19

66andrew99 wrote: »

My brother in law until recently worked for a large clothing retailer.

During one of his shifts, while he was in the storeroom he absent mindedly ate a piece of chocolate from a damaged box that had been taken off the shop floor to be wasted.

It was seen on CCTV and he was suspended and returned for his disciplinary meeting, he admitted it all from the outset and knew he'd been stupid.

His contract was terminated for gross misconduct which though he wasn't thrilled with, was entirely accepting of the fact that that was the punishment for theft.

Later on that evening he had a visit from the police saying that his former employer had been in touch with them and had asked them to visit him and inform him that they expected payment for the stolen chocolate (£5).

Is this the correct and acceptable procedure?

If a disciplinary matter is settled internally can it then be referred to the police to follow up?

Thanks in advance for your input.

What the hell kind of chocolate (in a clothing store, to boot - not even a high quality food/confectionary retailler) costs a fiver a PIECE!!?? Even my own much beloved Hotel Chocolat don't charge that kind of ruinous price!

Jacey53

Anniemacca wrote: »

No - it is the CPS who decide whether chasing a prosecution "is in the public interest".

The police have no say in it. They used to have a bit of common sense and decide whether they wanted to formally record it or "just have a word".

They don't do that anymore due to ridiculous stats targets.

You are right about them HAVING to investigate. I think they may of shown some discretion here by letting him know he had to pay a fiver.

If they had wanted to caution him he would have been nicked.

What did he actually do when they asked him to do that?

Charging is moving back to police. I agree that theft from employer does not (yet) fall under Director's guidance - there are pilots taking place in some parts of the country to bring other offences into police charge, but police do have the option to NFA a case, caution, refer to CPS for conditional caution or to refer for charging advice.

In any event - the first test is the evidential one. He doesn't appear to have been interviewed - there is no mention of a signed PNB so there is no "confession"

The actions of police, if reported accurately and fully, indicate some kind of Restorative Justice approach - but there would be some kind of record involved in that. The reason for my post is for the person involved to be absolutely clear what is being put forward.

SarEl

Or alternatively - because many people can't tell the difference, the police sent round a couple of PCSO's who were on their rounds anyway, because they think the whole matter is a waste of their time (which it is) but if the "perpetrator" doesn't pay up then the employer is going to waste hours and hours of the polices time by insisting on reporting it as a theft, so they are just doing the best they can to clear it up informally and quickly so that they don't have to spend hours over a piece of chocolate.

Googlewhacker

WPN wrote: »

Police are clowns really. It was theft. How much are police on these days? upto £20 per hour? Is it good use of taxpayers money in this case? I would say no.

I personally think employers should be liable for damages in these cases - something as trivial human nature of eating something which would go in the bin anyway, just because its not owned by the person, would lose someone their job and be able to mess up a persons CV... is laughable. It was theft, however, could have been dealt with internally, staff member receiving a warning, and cost of such deducted from wages... lesson learnt. These silly employee errors should be protected under law.

I don't even think its the case of "theft is theft" because it wasn't specifically dishonest as was done clearly on CCTV...

I hope the chocolate was nice!

How much police are on is neither here nor there, for all you know the OP's BIL could have done this many times and this is just the first time the OP caught.

You lose the trust of the employer by doing what he has done so to be sacked is a fair result I'm afraid (providing that he hasn't been given the go ahead by managers before to do this).

The employees are protected under law....if they don't steal!

Googlewhacker

Hootie19 wrote: »

What the hell kind of chocolate (in a clothing store, to boot - not even a high quality food/confectionary retailler) costs a fiver a PIECE!!?? Even my own much beloved Hotel Chocolat don't charge that kind of ruinous price!

I would guess its the Box of chocs or something

jamespir

chocolate in a clothing store ...wow and £5 i can see who the real criminals are

Anniemacca

SarEl wrote: »

Or alternatively - because many people can't tell the difference, the police sent round a couple of PCSO's who were on their rounds anyway, because they think the whole matter is a waste of their time (which it is) but if the "perpetrator" doesn't pay up then the employer is going to waste hours and hours of the polices time by insisting on reporting it as a theft, so they are just doing the best they can to clear it up informally and quickly so that they don't have to spend hours over a piece of chocolate.

That is what it sounds like TBH. Probably why there appears to be no mention of anything formal.

You would have thought that the fact that he was sacked, and he admitted eating what was essentially a product destined for landfill would have been the end of the matter.

That is why I would like to know what clothing retailer is offering chocolates for a fiver and why they have been so heavy handed.

Name and shame please!

Are you certain it was only about this one incredibly minor incident?

Anniemacca

jamespir wrote: »

chocolate in a clothing store ...wow and £5 i can see who the real criminals are

LOL - according to the OP it was only 1 chocolate though. They are probably adding punitive damages and "victim surcharges".

I have a feeling it is M&S. What other clothing retailers sell chocolates?

And M&S have a shocking record of waste with their food. As do all of the supermarkets!!

t0rt0ise

I feel for the guy. How on earth is he going to get another job having been sacked for theft?