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gross misconduct - need advice for a friend.

245

Comments

  • AskAsk
    AskAsk Posts: 3,048 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    Beepeear said:
    AskAsk said:
    no advice as he has been caught.  whether he intended to steal or not is up for grabs.  he can only hope for the best.
    what would you say is the worst case scenario?
    what exactly did he take that they have spotted and is this the first time that he has been caught?
  • Savvy_Sue
    Savvy_Sue Posts: 47,450 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Beepeear said:
    AskAsk said:
    no advice as he has been caught.  whether he intended to steal or not is up for grabs.  he can only hope for the best.
    what would you say is the worst case scenario?
    Gets fired.
    Gets fired for gross misconduct, escorted out immediately with no notice and no hope of a reference which doesn't mention that. At the very worst, a police report but I feel that's unlikely (unless it's really serious amounts of food). 

    Slightly less worst case is fired, but with some pay in lieu of notice, or with some notice - which they MIGHT do if they are desperate for staff. That is possible even if it's for Gross Misconduct (rare). 

    Probably best case is Final Written Warning, and he needs to be on his very best behaviour for a long time. If he leaves, it may be mentioned in a reference. 

    How long has he been there? If under two years, they can dismiss him very easily. 

    As already said, apologise profusely, "I'll never do it again", don't go OTT on "it was because it used to be allowed" because forgetting to pay for it afterwards - ever - is an excellent reason for not allowing that - ever. 
    Signature removed for peace of mind
  • Beepeear said:
    My friend works in a food store, they told me that before, everyone used to take products to have on their break and then they would usually pay for it at the end of the day, or if forgetting to do so, pay the next possible opportunity, usually the next day. 
    Sorry, but I don't believe that your friend was going to pay for these items. I doubt the employer believes him either.

    I doubt many of these items that people "forget" to pay for - get paid for the following day !!!!

    It sounds like a final warning is the best outcome that can be hoped for. A dismissal is possible. Though it sounds unlikely that the police would be involved.

    They’ve already admitted they did forget on several occasions. They can’t blame confusion over the new policy for that. 
  • TELLIT01
    TELLIT01 Posts: 18,130 Forumite
    Part of the Furniture 10,000 Posts Name Dropper PPI Party Pooper
    One thing he absolutely must not do is try to use the "but everybody does it" defence.  He needs firstly to acknowledge that he is entirely in the wrong but possibly try to mitigate it by saying he was so used to the old system of paying at the end of the day.  If the company hasn't raised the point, he certainly shouldn't say anything about forgetting to pay at all on previous occasions.
  • AskAsk
    AskAsk Posts: 3,048 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    Beepeear said:
    My friend works in a food store, they told me that before, everyone used to take products to have on their break and then they would usually pay for it at the end of the day, or if forgetting to do so, pay the next possible opportunity, usually the next day. 
    Sorry, but I don't believe that your friend was going to pay for these items. I doubt the employer believes him either.

    I doubt many of these items that people "forget" to pay for - get paid for the following day !!!!

    It sounds like a final warning is the best outcome that can be hoped for. A dismissal is possible. Though it sounds unlikely that the police would be involved.

    dismissal is possible as the employer no longer trusts the employee.  it also depends on how many times before the OP has already been caught and warned.  the police won't be involved unless it is a significant theft or the employer wants to make an example of the OP.  

    i saw a program last night about steve wright, the suffolk strangler, and he was reported to the police for stealing £80 from the cash register of the pub where he worked.  so for a small theft, the pub decided to report him.
  • AskAsk said:
    Beepeear said:
    AskAsk said:
    no advice as he has been caught.  whether he intended to steal or not is up for grabs.  he can only hope for the best.
    what would you say is the worst case scenario?
    what exactly did he take that they have spotted and is this the first time that he has been caught?
    Just stuff to have during his break, it is the first time he has been suspended and had an investigation. He has never had this happen before.
  • Savvy_Sue said:
    Beepeear said:
    AskAsk said:
    no advice as he has been caught.  whether he intended to steal or not is up for grabs.  he can only hope for the best.
    what would you say is the worst case scenario?
    Gets fired.
    Gets fired for gross misconduct, escorted out immediately with no notice and no hope of a reference which doesn't mention that. At the very worst, a police report but I feel that's unlikely (unless it's really serious amounts of food). 

    Slightly less worst case is fired, but with some pay in lieu of notice, or with some notice - which they MIGHT do if they are desperate for staff. That is possible even if it's for Gross Misconduct (rare). 

    Probably best case is Final Written Warning, and he needs to be on his very best behaviour for a long time. If he leaves, it may be mentioned in a reference. 

    How long has he been there? If under two years, they can dismiss him very easily. 

    As already said, apologise profusely, "I'll never do it again", don't go OTT on "it was because it used to be allowed" because forgetting to pay for it afterwards - ever - is an excellent reason for not allowing that - ever. 
    He has been there around 4/5 years now I believe, his main concern other than being fired is the gap he will have in his CV if the company has to disclose the GM on any future references.
  • AskAsk said:
    Beepeear said:
    My friend works in a food store, they told me that before, everyone used to take products to have on their break and then they would usually pay for it at the end of the day, or if forgetting to do so, pay the next possible opportunity, usually the next day. 
    Sorry, but I don't believe that your friend was going to pay for these items. I doubt the employer believes him either.

    I doubt many of these items that people "forget" to pay for - get paid for the following day !!!!

    It sounds like a final warning is the best outcome that can be hoped for. A dismissal is possible. Though it sounds unlikely that the police would be involved.

    dismissal is possible as the employer no longer trusts the employee.  it also depends on how many times before the OP has already been caught and warned.  the police won't be involved unless it is a significant theft or the employer wants to make an example of the OP.  

    i saw a program last night about steve wright, the suffolk strangler, and he was reported to the police for stealing £80 from the cash register of the pub where he worked.  so for a small theft, the pub decided to report him.
    It is the first time he has had an investigation of any kind. He has had meetings in the past but that was for totally unrelated matters, it is the first time he has been suspended or investigated.
  • Savvy_Sue
    Savvy_Sue Posts: 47,450 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    This being the first disciplinary is in his favour. If he already had a string of written and verbal warnings this would probably be the last straw. 
    Signature removed for peace of mind
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