False

speedyjam

I have worked in a retail shop since Oct 2011 and love my job. As we approached the New Year, I asked my employer about holiday pay - and was told you are not eligible. I have not been given a contract, or letter of intent.
Yesterday, the police arrived at work, and went into a meeting with my boss. 20 mins later I was escorted outside by the police and boss regarding theft of a packet of tobacco. Police asked me to open bag which I need and coat and nothing found - easy that as I had never stolen a thing. With Police present, my boss stated that over the last couple of weeks she suspected me of stealing and had (without my knowledge) searched my coat and bag on numerous times WITHOUT my consent. My boss came so enraged and shouting about my "theft" that the police officer made her leave and took my home.
I have txt and emailed and posting to my employer to state that today my GP has signed me off work for a week due to stress - not had a reply . I am paid weekly and due to be paid tomorrow, but I doubt it will arrive. No other employee has a contract and there is no employee handbook.
I have done some research and my questions are :
1)Can the police act against her for trespassing my property without my consent or knowledge?
2)Do I have to go back to work - very small business and would be impossible? Do I have to request a grievance meeting?
3)Can I claim my holiday entitlement to date from them?
4) Can they stop my pay?

Don't know what to do ? So unfair and humilating in front of shoppers having bag searched and then finding out they had been going through my coat & bag previously.

Please help

SarEl

1) Possibly - but they won't so don't waste your time.
2) No - you can resign whilst sick, giving a weeks notice.
3) Yes - you would have to send a letter claiming it first, then if they did not pay you would need to make a tribunal claim for holiday pay and for the weeks notice pay (or sick pay) if it is not paid.

Sounds like a pretty awful employer - I am afraid, however, that you are limited in what you can do about them since you don't have enough service to make any other claims.

speedyjam

Thank you for your reply.

I had a feeling that would be the case. Is it not possible to take them to a tribunal for constructive dismissal - it would be impossible to return there now?

Surely you can't go through peoples property without them knowing, call the police and falsely accuse me of doing something.

In effect I have to lose my job for their actions without any recourse?

SarEl

Sorry - you need 12 months employment to claim any type of unfair dismissal except on discrimination grounds (or a few other rarer circumstances that wouldn't apply) - and awful though they treated you, I don't see discrimination at play here. Just a bloody nad employer.

LadyMissA

they did this to you because you asked about holidays?

WhiteHorse

speedyjam wrote: »

1)Can the police act against her for trespassing my property without my consent or knowledge?

No, it is not a criminal matter.

She has however committed the tort of Tresspass to Goods. You could sue and seek damages, but as you have suffered no loss, you would be wasting your time. However, that would not stop you from threatening them ...

You could also threaten them with an action in Defamation. No lawyer will take your case however, so you would have to do it yourself. Again drawing this possibility to their attention might be useful.

If you can obtain statements from other people that she has repeated the allegation elsewhere, then she really could be in trouble.

What the police could, and should, do (but almost certainly won't), is prosecute her for wasting police time under s5(2) Criminal Law Act 1967. You could point that out to them as well, just to make their day even brighter.

Perhaps head office need to be told that one of their managers appears to be having a breakdown?

kazzah60

when I worked in retail it was customary for management to search our bags and lockers at any time of their choosing -it was in our terms of employment ( and this was with several different employers) I believe it is still common practice

however whether or not your manager had the right to do this without your prior knowledge or you being present is not something I am sure of

good luck

LadyMissA

kazzah60 wrote: »

when I worked in retail it was customary for management to search our bags and lockers at any time of their choosing -it was in our terms of employment ( and this was with several different employers) I believe it is still common practice

however whether or not your manager had the right to do this without your prior knowledge or you being present is not something I am sure of

good luck

I don't think they can - what if they planted something on your belongings? Shouldn't your belongings be locked away too ?

speedyjam

Thanks for your replies. Work was perfect until I mentioned holidays - from that moment onwards, I felt the atmosphere changed.

I just can't believe that somebody can go through your personal possessions for a week without consent and then out of the blue call the police, and then I cant return to the job. Like everybody else I have bills to pay, etc....Just seems unfair....

speedyjam

Again thank for your replies. It seems then I can do nothing about what has happened so far. As I signed of "work" for a week, I dont have to go in, but what happens after then? I can't imagine they will give a reference.

Its a small husband and wife operation, with 2 part time staff and me.

I can guarantee if i went through somebodies coat & bag multiple times without there consent in work or home, etc, I would expect the full force of the law & courts to be bought down on me, why is it an employer with no verbal or written conditions of employment can get away with it ?

LadyMissA

The husband and wife own the shop? I am guessing the reason they called the police is becuase they prob knew there was nothing you stole but wanted to make an example of you. IF they were sure you had stolen they would have just searched you and sacked you on the spot.