Dismissal for Gross Misconduct (Theft)

warby68

In the real world, many a business will not tolerate a thief on the premises/payroll for any time at all and will take their chances to send this message.

Regardless of whether there is some small hole in the process, an admitted thief would have to have some brass neck to challenge the handling. In reality no time at all was needed for the correct outcome as he confessed. 

All the theoretical musing and case studies will not stop a business owner protecting his business in this basic kind of way.

NCC1701-A

Will your "friend" be paying back the company for the value of the stolen stock?

Undervalued

Dakta said:

That's one of the fair aspects to consider - I say consider because that specific case did get a mention in the one I looked at and the award was reduced, but not zeroed.

Definitely something to consider in this scenario - at least we're discussing it now a blanket just accept it isn't good help.

I think in this case it is good advice.

If he chooses to pursue a technicality in a situation like this, which he might possibly be able to do, he may well find that the employer responds by seeking damages, both for the value of the stolen goods and for any consequential losses that were caused. Whilst I doubt that he would be stupid enough to give this firm as a reference, he may well find that the reason for his dismissal finds it way round the grapevine to any new employer, where he will of course have no security of employment in the first two years. I don't know if his behaviour has been reported to the police but that remains a possibility.

When living in a glasshouse, don't throw stones!

TBagpuss

warby68 said:

In the real world, many a business will not tolerate a thief on the premises/payroll for any time at all and will take their chances to send this message.

Regardless of whether there is some small hole in the process, an admitted thief would have to have some brass neck to challenge the handling. In reality no time at all was needed for the correct outcome as he confessed. 

All the theoretical musing and case studies will not stop a business owner protecting his business in this basic kind of way.

That's true, although a *prudent* business might well suspend them for long enough to get all the paperwork in order o they have a watertight case before firing them - a day or two's pay may be much cheaper than dealing with a claim for wrongful / unfair dismissal, even where the claimant is ultimately unsuccessful!   (That said, I work in a profession where we are very conscious of the rules so are probably more cautious and careful about sticking to the absolute letter of the law at all times than many other employers may be!) 

SiliconChip

angie12 said:

Can anyone advise him please.

You should start your own thread rather than piggybacking onto an existing one that covers an entirely different issue. Even better, get your son to join and start his own thread so that the information provided is first hand.

LinLui

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. 

I admit I haven't read the whole thread. But your "good friend" is a thief. Even if the employer cannot dismiss with immediate effect, they have not a chance of claiming they were unfairly treated and so should be compensated.

I am unclear why you think you owe them help.  Sometimes facing the consequences of your own actions is a good thing. I'm not going to judge "why" they stole. And I'm not going to say there's a good excuse ever.  What do you think ought to be the "right" outcome for a thief? 

And I'm open to employing people who have done stupid things. 

mybestattempt

Unfortunately, this thread from almost a year ago was resurrected, probably by accident, today by another poster with a different issue.