Accused of Stealing Money at Work

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  • Comms69
    Comms69 Posts: 14,229 Forumite
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    montyrebel wrote: »
    get appealing, it sounds like she has done nothing wrong, get on the phone to the union, even as a none member they will offer some advice



    It doesn't matter, she has under two years service. There's so little recourse here.
  • PersianCatLady
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    Under two years and thanks for pointing this out.

    I can't understand why the store has suspended her on full pay.

    If I had an employee with under two years service who I strongly suspected of theft then they would be fired on the spot as there would be nothing that they could do about it in terms of claiming unfair dismissal.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    I can't understand why the store has suspended her on full pay.

    If I had an employee with under two years service who I strongly suspected of theft then they would be fired on the spot as there would be nothing that they could do about it in terms of claiming unfair dismissal.
    Indeed, I suspect that someone, somewhere was genuinely trying to be fair.


    I also suspect the wife may have actually stolen it (sorry OP, someone we don't know those closest to us) - because it doesn't make sense to suspend, just to sack, unless there was real evidence. - obviously I could be wrong, and hope I am.
  • CIS
    CIS Posts: 12,260 Forumite
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    As I see it there's three main considerations that the employer could have taken on this one to dismiss her - one) the wife took the money in their opinion, two) she was guilty of gross-misconduct for some reason even if the money wasn't taken, three) they suspect the management are involved but can't also rule out the wife is also involved.

    In some ways the company had been fair in suspending rather than just dismissing but as above, appeal anyway and see what happens. It'll probably amount to nothing but you never know.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • newatc
    newatc Posts: 846 Forumite
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    After the experience of being accused and suspension, staying with the company was not very likely.

    The reason of "gross misconduct" is worrying for future employment prospects. Difficult to understand the employer's motives at this distance.
  • Fireflyaway
    Fireflyaway Posts: 2,766 Forumite
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    I'm no expert but there is a big difference between thinking someone may have possibly done something because the sums don't add up and actually being able to prove 100% with evidence that they did.
    If they were sure your wife did something wrong surely she would have been sacked much sooner? It seems odd.
    I'd be worried about the risk of bad references. I think its worth bringing up the point that its unfair to put your wife at a disadvantage because of something untrue. If the company really think your wife committed theft, why don't they bring a criminal prosecution? Probably because they don't have enough proof.
  • Always_Alba
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    Your wife has now been sacked and whilst that is never good to hear, it at least removes some uncertainty and gives you back an amount of control. I was sacked from a job last year so can offer her some advice.
    Firstly, understand that gross misconduct is a companies opinion of what they believe has happened, it is not necessarily the truth. And people are sacked for a million different reasons, just read some of the other threads on MSE and you will see how even small acts can get a person fired.
    Should you appeal?. Your decision and should be considered when a person still wants to work for that company. I would say do it more in hope than expectation. In my case i didn't appeal as there was no way i wanted to go back to my old job.

    If you don't appeal then you have to accept getting a new job will be made more difficult by having GM on your record, but its not impossible. You say your wife doesn't need to work so if your money is ok, thats one big worry you don't have.

    The main thing is to put space between your old job and the present. This could take a short period of time so if the money is ok, don't rush things. Reflect, rest and refresh.

    When you are ready,
    1. Update your CV. You dont have to state the reason for leaving your last job at this stage.
    2. Decide what you would like to do going forward. Sometimes events like this will be the big push you have always needed to go and do a more fulfilling job.
    3. Consider volunteering NOW. This will both keep you occupied and within a very short period of time, you will be able to use them as a reference.
    4. If you do apply for new jobs, decide what you will say if asked about your sacking. Never lie if asked a direct question about it.
    5. Don't overly worry about references. My last Company would only provide dates of employment and nothing else.
    6. Accept you wont get certain jobs because of the sacking.

    Perhaps the best advice i can give is this. Today you are only half way through your story, it is not the end. In six months time you will hopefully look back in a much better position.
    In my case, i was fired in january and by april i had a new and better job. I had several interviews without success and i was honest at every interview. In the end my new company recognised i had more qualities than the one bad mark. It's now nearly a year ago and everything seems so long ago.

    As long as you keep supporting your wife, you will get through it.

    Good luck.
  • TBagpuss
    TBagpuss Posts: 11,204 Forumite
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    I'm no expert but there is a big difference between thinking someone may have possibly done something because the sums don't add up and actually being able to prove 100% with evidence that they did.
    If they were sure your wife did something wrong surely she would have been sacked much sooner? It seems odd.
    I'd be worried about the risk of bad references. I think its worth bringing up the point that its unfair to put your wife at a disadvantage because of something untrue. If the company really think your wife committed theft, why don't they bring a criminal prosecution? Probably because they don't have enough proof.

    They don't have to prove it to a criminal standard. They simply have to follow a fair process and reach a reasonable conclusion. It doesn't have to be the *only* reasonable outcome.

    They may or may not involve the police as well. It would then e up to the police to determine whether to press charges.However, the employer might decide not to involve the police, for any number of reasons.

    For instance, they may feel that a police investigations would be demoralising for other staff, or that the potential publicity for the company if someone is charged and taken to court would be harmful, or that the cost to the business of manners or other staff having to give statements, attend court etc would be more than the value of the loss, or simply that it's too much hassle for a relatively small loss, where they attribute the loss to someone whom they have already dismissed.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • sangie595
    sangie595 Posts: 6,092 Forumite
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    montyrebel wrote: »
    get appealing, it sounds like she has done nothing wrong, get on the phone to the union, even as a none member they will offer some advice
    A union that gives advice to non members? Which union is that? Why join a union when they'll advise anyone, paid up or not? Not going to happen...
  • sangie595
    sangie595 Posts: 6,092 Forumite
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    I'm no expert but there is a big difference between thinking someone may have possibly done something because the sums don't add up and actually being able to prove 100% with evidence that they did.
    If they were sure your wife did something wrong surely she would have been sacked much sooner? It seems odd.
    I'd be worried about the risk of bad references. I think its worth bringing up the point that its unfair to put your wife at a disadvantage because of something untrue. If the company really think your wife committed theft, why don't they bring a criminal prosecution? Probably because they don't have enough proof.
    Regrettably, in employment law terms, it's true. End of.
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