Accused of stealing

Meljay_2

Hi I’m after some advice

So what happened was I purchased items from my work over a year ago and I’m now on maternity leave my partner lost his job and I need money for rent so I had some items I purchased up for sale not thinking at the time that it turns out my contracts states that we are not allowed to sell items purchased from work “Yes I’m an idiot I know “ but I was so worried about getting the rent money I didn’t think . Anyway someone has told my Manager I was selling them and I got a phone call from work saying I have to go in for a meeting to discuss it, she told me I had to prove I had purchased them. I have a new manager and new temp asm so they weren’t working at the store when I originally purchased them.

My issue is they they came into the store as Samples and Seconds so the manager gets to price them at any amount and they are none returnable and all have the same barcode. My manager at the time said when purchasing seconds we had to pay by cash as head office didn’t like staff buying them but all employees buy loads of them. Anyway as they all have the same code and I paid by cash I have no proof of purchase. They are now accusing me of stealing them as I don’t have proof, the assistant manager who served me is on MAT leave aswell and some of the girls at work we’re there when I purchased them but I have been told by my current manager that she can’t accept that as proof...

Notes where taken at our meeting but I wasn’t asked to read through and sign, it was left that it will be down to her and head office to decide what happeneds next..

Where do I stand ? Can they sack me even tho they don’t have proof and them 2 managers where not there when I purchased them.

I’m scared of losing my job when I have paid for the items

Meljay_2

Also since they both started they never treated me as a supervisor and nit picked at my work while I was pregnant like I wasn’t good enough. I ran the shop for 4 months while we had no manager or asm before they came in and I got no thanks or anything from head office

xapprenticex

You paid cash because Head Office didnt like staff buying items but everyone does it......


So does that mean what you did is wrong? Even though they turned a blind eye as they did it themselves?


Have you been there less than 2 years, if so, they can get rid of you pretty easily if they want to.

Meljay_2

I started back in May 2016

xapprenticex

You've been there 2 years then, cant say what will happen, you've been left high and dry it seems.


Your ex manager making you pay cash because you shouldnt be doing it means you were taking a risk. Nothing intentional but its coming back to bite you on the rear end

sangie595

Yes, I'm afraid that "I shouldn't even be selling them so I'm going to sell them for cash" isn't the greatest of defences against theft, since it could well be argued that you colluded in theft in the first place! Honestly, I don't think anyone can tell you how this would turn out, since it comes down to what they decide to believe. They don't need proof, since this isn't a court of law. Your version of events appears to be that you shouldn't be selling the items anyway (admitted breach of contract), can't prove that you bought them, and bought them for cash from someone who shouldn't be selling them. I'd have to say that I think it turns on whether they want to believe you. Or care to, since you are definitely guilty of trying to sell stuff you shouldn't be selling. Regrettably, I don't think anyone here can reassure you, you'll just have to hope for the best.

Head office wasn't required to thank you. That has nothing to do with this.

Meljay_2

I forgot to say that nowhere in writing or in my contract does it state that we are not allowed to buy samples and seconds, it was my manager at the time that said this and all staff purchased them and I’m talking up to 5 handbags at a time some staff members including managers. All the stores by them there is no proof of sale for any of them as all codes are the same it doesn’t state what the item was so even if I did have the receipt then I’d still be in the same situation and they no that!

Southend1

Do you have trade union representation? Your union rep will be able to help you collate your evidence and present your case in the best possible way. They may also be aware of similar cases in the company.

What is the proper company procedure for staff purchases? Is there a book where such transactions are supposed to be recorded?

baldelectrician

There are several facts here
Others (including managers) have purchased such items
Once you buy an item it is yours- you can give it to Aunty flow, sell it or do what you wish with it
The tills have a special code for such items

You can do a subject access request and find out how many sales have been made in your branch using this code in the past 3 years.
This will prove others did this and a precedent has been set.

Ask for a copy of the companies procedures on this matter and proof of training on this matter.

sangie595

baldelectrician wrote: »

There are several facts here
Others (including managers) have purchased such items
Once you buy an item it is yours- you can give it to Aunty flow, sell it or do what you wish with it
The tills have a special code for such items

You can do a subject access request and find out how many sales have been made in your branch using this code in the past 3 years.
This will prove others did this and a precedent has been set.

Ask for a copy of the companies procedures on this matter and proof of training on this matter.

So you didn't read the bit that said that there were no purchases through the tills, transactions were all in cash, no receipts and the sales were not supposed to be conducted?

Nicki

A subject access request can only be made for information which relates to you, the data subject.

Public bodies are subject to the Freedom of Information Act which is wider, and might include a request like this, but you can't make a FOI request to a shop.