Gross misconduct for theft

[LRB978]

Looking for advice for my xp. Am not including full details as it could be obvious if any searches are done.

He works for a large chain and is currently suspended for suspected theft (of stock not cash), has a disciplinary hearing this week, is expecting to dismissed on grounds of balance of probability (although he maintains he is innocent). I have linked him to previous threads giving advice on what to do and how to make sure procedures are followed, but he is unsure on the following two points:

1. Company policy is that everything remains confidential, yet a customer was informed today that he no longer works for the company. I suspect this may be gossip rather than information from management, but is there anything he can do if it isn't?
   
   
2. What are his chances of getting another job post dismissal? How should he deal with application forms and interviews? (He has never, to my knowledge, been accused of anything like this before, has been with the present company for approx 5 yrs and had a previous cash handling job for 2+ yrs before that)

[sandripples]

1. Difficult to do anything as its not clear where info came from. If he is cleared he might want to ensure a clear message is given to colleagues?

1. Unlikely he'd get a job handling cash. If dismissed he could probably only get a statement of dates of service rather than a reference and prospective new employer might not feel this is enough.

He should stick to facts in applications and interviews, without volunteering a dismissal unless he's asked.

1. Main point is that if he is innocent he will have to make his case firmly and strongly at the investigatory interview and in the hearing. His service record should help and he should get help (eg from union) to ensure his position is put over as clearly as possible. If there is no evidence he should not be dismissed. If he is he should appeal.

[flowerybeanbag]

As I'm sure you've discovered, it's perfectly legal to dismiss someone for theft without actual conclusive proof, based on the balance of probability. Not a lot he can do about gossip to customers, which I imagine that was. If he is cleared, then as sandripples said, agree something clear to be communicated to colleagues.

Getting another job is going to be difficult. His current employer have obligations to future employers when providing a reference. A reference must not give a misleading overall impression so if asked reason for leaving or whether there were any disciplinary warnings in place or proceedings ongoing when he left, they will have to disclose it. There could also be an argument that even just giving dates could leave them legally vulnerable, as they are not disclosing what a new employer would consider to be crucial and relevant information.

If he is dismissed, he needs to know before he leave what will be said in references in terms of reasons for leaving and further information. It may be that his current employer are happy to just give basic dates, in which case he could say to a new employer that that is the policy. He should ensure he has other glowing references lined up, ideally from the employer prior to that.

An option might be to look for casual work for a while, with people who might not be so stringent about taking up references. If he does that for a while, and gets one or two people who would then be happy to give him a reference, that could enable him to get a more permanent position a while down the line.

[LRB978]

Many thanks for the advice, it mainly confirmed what we suspected anyway. Unfortunately he's been dismissed, again as we suspected would happen, so it's now trying to move onwards and upwards. In answer to points above though:

Sandripples - 1)There is a father and daughter who both work in the store, he is a manager and the gossip seems to have come from her. Xp has put in a grievance about this.
3) There was no investigative interview, from what I understand. The evidence is kind of lack of evidence - he gave a refund but didn't immediately return the stock to the store-room, and apparently the stock cannot be found. They did only check the CCTV immediately after the refund though, not for the day (for proof that the stock wasn't returned), but they reckon that's evidence enough.

Flowerybeanbag - unfortunately he no longer has contact with his previous employer - it was an independant bingo hall he worked at which shut down at least 3 years ago.
I am going to suggest he goes round the agencies and tries to get some ad-hoc work in the factories around here, although he doesn't really want to. He has an interview with the job centre tomorrow, so I guess it depends what advice he gets from there.

Sounds as though things are getting more serious though, as he's just told me the police have been to his parents looking for him today, he has to attend the station tomorrow. Looks like I may be posting about this in legal soon (he may be my x, but I wouldn't wish this on him)

[flowerybeanbag]

Sorry to hear he's been dismissed, and about the police. There is obviously a more stringent level of proof needed for any criminal case, so he may be fine from that point of view.

[TheDailyWail]

I hope he's able to get through this. I've no advice but I know by close association how hard it is to live through this kind of dismissal.