Accused of stealing

Meljay_2

The sales went through the till but as cash so I can trace back proof through bank statement was what I ment. The company got the money for the items purchased as samples and seconds as we sell them to customers aswell

Meljay_2

**I can’t trace back my purchases**

Comms69

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.

No you cant.


A subject access request - well it's not called that anymore - is about information an organisation holds about YOU. not anything else.

Ozzuk

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.

And the final nail in the coffin...you may be correct in law for the first part, however, you can still be fired if it breaches company policy. Which it clearly does as the OP admitted it is in their contract. It is pretty obvious why a company would not want you selling discounted/potentially faulty goods in open market.

Sorry, one more kick - precedent isn't a defence. Company can choose who to take action on, one person or everyone.

sangie595

I'm sorry but this is becoming more confusing. If you sell them to customers, then why can't staff buy them? If staff can buy them, but the rule is "cash only", then surely there is some record somewhere? Because that record is the only evidence that theft isn't taking place in a store.

However, this is all rather moot. You were not supposed to have sold things, regardless of whether they were stolen or not. Nobody here can second guess what they are likely to do about this. Hopefully, nothing more than a slap on the wrist, but that's just an opinion.

I might have misunderstood, but didn't your partner resign his job rather than lose it? Is there no way that he could go back to work? If you are struggling so badly for money because he is out of work, it does seem that the point of helping you out because you are struggling seems to be lost.

Meljay_2

I can understand it being confusing I’m probably not explaining it very well at all.

I’m willing to accept I have done wrong by trying to sell them “never actually sold them” and I will take my punishment I just don’t like the fact she’s accusing me of stealing when I haven’t..

Yes my partner is back in work now just recently got a new job

sangie595

Meljay wrote: »

I can understand it being confusing I’m probably not explaining it very well at all.

I’m willing to accept I have done wrong by trying to sell them “never actually sold them” and I will take my punishment I just don’t like the fact she’s accusing me of stealing when I haven’t..

Yes my partner is back in work now just recently got a new job

Whilst I'm sympathetic with your position, "what you are willing to accept" is not relevant. There is a point to argue about whether these items were legitimately obtained, and they have a right to question this. The fact that you have no evidence for the provenance of the items is not their fault as an employer. In other circumstances, assuming your version is true, the exact same story could be untrue - the only reliable evidence would be receipts, or possibly corroboration by the manager who sold you these items, assuming they can recall it. Your colleagues could be viewed as being willing to support you regardless, but equally, it would be very likely that one of your colleagues reported you in the first place ( otherwise how did they find out what your eBay account is, never mind what you were selling) so at least some colleagues are your accusers.

TELLIT01

Disregarding the theft accusation, the OP says that the contract of employment states they cannot sell on goods they have purchased. The OP has admitted that is precisely what they have done, so a charge of gross misconduct could be applied instead, or as well. Either way I don't think they are in a great position.
"Everybody does it" is no defence. Try using that as a defence in a speeding charge for example.

silvercar

TELLIT01 wrote: »

Disregarding the theft accusation, the OP says that the contract of employment states they cannot sell on goods they have purchased. ......

That could well be an unfair contract term.

sangie595

silvercar wrote: »

That could well be an unfair contract term.

It isn't. And it's not even uncommon.