Need Advice Please - Accused of Theft By Previous Employer

[Eternity73]

Hi, I'm new to the site and would really appreciate some advice.
I worked for a previous organisation for seven years as the office manager. I was diagnosed with depression and severe PMS and have been on medication for just over 2 years. It wasn't a pleasant place to work, with a lot of issues and bullying going on. I was put off on sick leave in April by my doctor due to depression and work related stress. While I was off, I made the decision that i couldn't go back there so applied for and got a new job. I completed my notice straight from sick leave but got called in a few days later by two senior managers and was informed that there was a discrepancy in the petty cash, to the amount of approximately £90 - £110. I helped and provided as much info as possible but it ws obvious that they were trying to accuse me of theft. I explained that I had been off for a few months on sick leave and that receipts etc should have been in my office, but these were now missing. Anyway, I was told that they would have to discuss with internal audit and I would hear back within a few weeks ago.this was four and a half months ago and I heard nothing until yesterday when i was contacted by a CID officer who i have to arrange to go and see for an interview as they have sent the allegation onto the police. I have contacted my solicitor who I have kept up to date since the beginning of this but I would love to hear from anyone who has suffered through something like this, or anyone who would have any advice about what could possibly happen. i know I haven't done anything wrong except probably not concentrate as much as I should have at work due to my illness. I'm worried sick about this and know I won't sleep until I see this police officer next week. I haven't done anything but that doesn't mean that I will be believed as this is a big charity organisation. i'm so sorry for the length of this but any help or advice would be very very appreciated.

My goodness how awful. It seems to me that due to your absence they would have trouble finding any proof. Without proof they can't pin it on you.

thank you for your reply. I know what you mean about the proof and i put that to them at the meeting also. but unfortunately I know how these people work and I'm quite sure they would say whatever is necessary to cover their own backs. I guess my main concern is what will happen following my police interview? Is it likely to go to court and if they didn't believe me and found me guilty what would happen? I'm sorry for going on but I am so worried I feel sick.

The police would need proof before they prosecuted you, and it seems unlikely there would be any. You don't need 'beyond reasonable doubt' proof to dismiss someone for theft, but to prosecute someone in a criminal case you do.

Hi, thank you so much for your replies. I guess my concern is that, despite me protesting my innocence, if they do decide to prosecute, could I possibly be sent to jail, cautioned, or what would be most likely to happen?

For a small amount like that I'd assume a caution. But they would need proof to prosecute you.

If they prosecute you the result won't be a caution. You only get a caution if you admit the offence and they decide to caution you instead of prosecuting.

They have to prove the offence beyond reasonable doubt if they do prosecute. On the facts you have stated I would be surprised if there was enough evidence to do that.

Without knowing the charge it is difficult to predict the outcome if you were convicted but for such a small sum of money and assuming it would be a first offence I would expect we are looking at community service and/or a fine. A short custodial sentence is possible but I would think it unlikely.

Were you the only person with access to the petty cash? Is it an accounting error or someone pinching it? Of course you may not know one way or the other.

I'd think for a small amount like that if you were prosecuted you'd be up before the magistrate (in England and Wales) and will the amount of doubt I doubt they'd find you guilty. I would not be at all surprised if the police dropped the case without charge.

If you've not taken the money then I would not accept a caution - it's an admission of guilt - but listen to your solicitor's advice.

I'm surprised your former employer has gone to the police for such a small amount, especially now you've left.