Who should pay for theft?

ohreally

Op, making certain assumptions re contractual clawback, my inclination would be to bring it on and let them convene a disciplinary hearing, I'd have high expectations of a positive outcome.

Posted from iPhone.

sangie595

ohreally wrote: »

Op, making certain assumptions re contractual clawback, my inclination would be to bring it on and let them convene a disciplinary hearing, I'd have high expectations of a positive outcome.

Posted from iPhone.

I would also let them bring it on. But I am less certain of the outcome because I have a lower expectation of fairness from employers! Anything short of a dismissal cannot be challenged independently. So the OP does need to understand the risk as well as the options.

littleboo

Why are they saying your husband is to blame ? Are they saying he was negligent
in some way ? Does the store have appropriate systems in place to deter and prevent theft ?

What would the disciplinary case be for - the fact that a theft took place and your husband is somehow to blame, or the fact that your husband was not prepared to make good the loss ?

As previously mentioned, check the contract of employment and staff handbook

pimento

If the item was worth £80 on the shop floor, then your husband (even if he were liable and I would doubt that) should surely only be responsible for the cost price of the item.

TELLIT01

Looks suspiciously like the manager trying to cover his own backside. If anybody would be held responsible for the loss (which is unlikely unless negligence can be proved) it's more likely to be the manager than a part time member of staff.
Your husband needs to call the bluff and say he wants it taken on up the chain as it isn't his responsibility and he isn't going to pay.

Retrogamer

In civil law someone is deemed liable if they were negligent but unsure about employment law.

If he wasn't negligent when the item was stolen i'd be asking them for an explanation to the reasons that they think make him liable then query why these reasons don't apply to the other staff as well.

gardner1

If it was me......I would refuse to pay and let them try and discipline me (if he's in union all the better)otherwise go down the unfair dismissal route

they sound like a wonderful company to work for :eek:

TBagpuss

Is he in a union? Do you have legal cover under any insurances? It would.
If not, he might find it useful to speak to the ACAS helpline.

AS I understand it:
- They cannot make deductions from his pay unless he consents or it is permitted by his contract, and even if they are entitled to deduct, he could ask to pay in instalments so it is manageable
- Unless there is a specific reason for targeting him - i.e. if they are alleging he was personally negligent, then it might be worth his raising it as a grievance, to challenge the fact that he was singled out, and (if Appropriate) to challenge whether it is a non-contractual deduction.