Dismissal for Gross Misconduct (Theft)

Giggidy

A workmate who I am good friends with got sacked this today because the company found out they were stealing company stock and selling it on. 

They got escorted off the premises and all work items confiscated, and were told the company is aware of the theft, this constitutes gross misconduct and they were sacked with immediate effect. It has also been reported to the police apparently.

My workmate admitted to the theft. My question is it standard practise for employers to be able to dismiss an employee with immediate effect or should a disciplinary hearing been done first after an investigation. They may well have admitted it but what if they genuinely were wrongfully accused (which isn't the case, but for arguments sake) surely employers have a duty to ensure processes are followed? 

Not sure how this will help their situation but just looking for practical advice to give to them, particularly as there is also the threat of police involvement to deal with. 

Lomast

I would imagine if they did not do any form of disciplinary then they have cast iron evidence of the theft, immediate dismissal would likely be in the range of options available in this situation 

El_Torro

If I were your workmate I'd be more worried about what the police are going to do about it. If it was a couple of pens then they probably won't do anything. If the value of the stolen goods was high enough then criminal proceedings are in order. I've seen it happen in other situations. 

LunaLater

Practical advice?

Tell them that if they ever do manage to get another job to not steal from their employer. There’s nothing for them to do now but wait to hear from the police, tell their family what happened, and try to find another job.

theoretica

The employer needs to be fair and reasonable - so dismissing someone for theft and selling company stock if there was no evidence they had done so would not be reasonable.  But for gross misconduct there is no requirement to string things out.

Practical advice - don't exacerbate the situation with irrelevancies such as what might happen if the situation were different.

Savvy_Sue

Your workmate admitted the theft of company property. 

If you think immediate dismissal was an unreasonable response, I suggest you look at your t&c of employment, especially the disciplinary procedures. Any I've seen have given some examples of what might constitute gross misconduct, and theft's right up there. Gross misconduct certainly can lead to instant dismissal, including being escorted from the premises. The employer will have followed their processes. 

Practical advice: continue to admit the offence, co-operate with any police investigation, co-operate with the return of any property they haven't yet sold, grovel. 

It's possible the police won't pursue the matter, but one problem is that it may take them a long time to reach a final decision about that. Theft from the stationery cupboard, even on a grand scale, might not worry them unduly. Theft of items or materials which have a ready market maybe more so. 

MattMattMattUK

If I were you I would be distancing myself from this "good friend", they are a theif, selling on the goods they steal, that does not paint them in a good light and you might also find by proxy at work some of that dirt could rub off on you.

Were you aware of their theft and selling of stolen goods before they were sacked?

Undervalued

Giggidy said:

A workmate who I am good friends with got sacked this today because the company found out they were stealing company stock and selling it on. 

They got escorted off the premises and all work items confiscated, and were told the company is aware of the theft, this constitutes gross misconduct and they were sacked with immediate effect. It has also been reported to the police apparently.

My workmate admitted to the theft. My question is it standard practise for employers to be able to dismiss an employee with immediate effect or should a disciplinary hearing been done first after an investigation. They may well have admitted it but what if they genuinely were wrongfully accused (which isn't the case, but for arguments sake) surely employers have a duty to ensure processes are followed? 

Not sure how this will help their situation but just looking for practical advice to give to them, particularly as there is also the threat of police involvement to deal with. 

A "duty" yes, but the more relevant consideration is what useful redress is there if they don't follow process?

Years ago there were statutory procedures that had to be followed, otherwise any dismissal would automatically be unfair and subject to automatic awards (usually a couple of week's pay) irrespective of the merits of the case. Those days are gone.

Now there is an expectation that an employer will make a reasonable (layman's) attempt to conduct a fair process. ACAS issue guidelines about how an employer might do this but an alternative process may still be fair. Crucially the automatic awards for failure of process are gone. A tribunal can still make such awards but it has wide discretion whether to do so. So, if somebody is caught "bang to rights" committing gross misconduct, failing to follow proper process is unlikely to lead to any compensation.

If the firm has a contractual disciplinary process then a procedural failure to follow it would be wrongful dismissal (i.e breach of contract) and could lead to an award of perhaps a week or so's pay for however long it would have taken to do it properly.

However, for that reason, most well drafted contracts of employment will be written so that the firm's normal disciplinary policy is a guide to what usually happens and is not a contractual right.

I agree with the others who have suggested you keep out of this and move on!

Marcon

Giggidy said:

My workmate admitted to the theft.

My question is it standard practise for employers to be able to dismiss an employee with immediate effect or should a disciplinary hearing been done first after an investigation. They may well have admitted it but what if they genuinely were wrongfully accused (which isn't the case, but for arguments sake) surely employers have a duty to ensure processes are followed? 

Not sure how this will help their situation but just looking for practical advice to give to them, particularly as there is also the threat of police involvement to deal with. 

Asking a theoretical question won't help their situation at all.

MalMonroe

 Giggidy said:

A workmate who I am good friends with got sacked this today because the company found out they were stealing company stock and selling it on. 

They got escorted off the premises and all work items confiscated, and were told the company is aware of the theft, this constitutes gross misconduct and they were sacked with immediate effect. It has also been reported to the police apparently.

My workmate admitted to the theft. My question is it standard practise for employers to be able to dismiss an employee with immediate effect or should a disciplinary hearing been done first after an investigation. They may well have admitted it but what if they genuinely were wrongfully accused (which isn't the case, but for arguments sake) surely employers have a duty to ensure processes are followed? 

Not sure how this will help their situation but just looking for practical advice to give to them, particularly as there is also the threat of police involvement to deal with. 

That happened to a guy at a place where I once worked in the office. It was an import/export business with a large warehouse and over a period of 10 months he had been taking expensive items home and selling them on eBay every couple of weeks or so. He thought he was being so clever but the eBay sales were spotted by one of his work colleagues, who reported him to  management. Next thing, there was kind of a 'sting' operation set up where one of the managers pretended to be an eBay buyer and he was caught that way. Red-handed. He had no option but to admit what he'd done. Everyone was very shocked as he'd worked there since he left school, 20 years. He shot himself in the foot. 

Like your friend, he was sacked, escorted off the premises and reported to the police. It was even reported in our local newspaper. And afterwards he struggled for a long time to find employment. 

The lax security measures at the company were tightened up considerably after that. (Familiar tale of shutting the stable door afterwards, etc.) 

In cases where the proof is not so evident or there are any questions as to guilt, yes there are procedures in place to protect employees from being falsely accused.

There really isn't much advice you can give your friend now, unfortunately. He's a thief, he's been caught, he's admitted the offence and he'll have to face the consequences.  

I'm also of the opinion that you should leave this alone and move onwards and upwards. 

TELLIT01

If an accusation of gross misconduct is made but there is no admission of guilt, then the normal disciplinary process should certainly be followed.  In this case there was an admission of guilt so absolutely no need to do anything other than dismiss for gross misconduct.