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Original poster

Help, I might be fired for something I didn't do!

72 replies

crappydayatwork · 12/05/2008 19:19

I work in a shop with a senior sales assistant, deputy manager(me) and manager. On Sunday £60 went missing from the safe and we are all under suspicion. I have had a formal interview from the loss prevention officer and have been told that its not uncommon for the whole management team to be replaced in cases where no-one admits anything!

Is this right? What can I do?

OP posts:
bitofadramaqueen · 12/05/2008 19:43

When you say it was a 'formal' interview - was it a disciplinary meeting or more of an 'investigation'? If it was a disciplinary meeting, you should have been given appropriate notice and allowed to take a witness.

How long have you worked there? Assuming its more than a year they will need to go through the appropriate disciplinary process before taking any action.

The acas website has information on the minimum statutory disciplinary procedures. You should also familiarise yourself with your company's disciplinary procedure (this is most likely to be in your handbook).

edam · 12/05/2008 19:48

Loss prevention officer might be trying to frighten the guilty party into a confession so probably said it to everyone.

Are you a member of a union? This is where they come in handy as you have someone on your side who can accompany you into any meetings. Even if you don't have a union, you are still entitled to bring someone with you - a friend, for instance, who can take notes for you. Helps to keep the employer on track if they know there's another witness.

Original poster
crappydayatwork · 12/05/2008 19:52

It was a formal interview as part of the investigation. I have worked there for 5 years. He has taken a load of paperwork away and said he will have the outcome in a few days.

I understand theft is gross misconduct but can they fire me and 2 others for this with no evidence of who it was?

They don't seem to realise I wouldn't risk my job for £60 when I am working with ££££'s each day!

OP posts:
edam · 12/05/2008 20:09

have you read drama queen's link? Important to understand what your employers can and can't do.

MrsThierryHenry · 12/05/2008 20:11

Crappy, you poor love, this is hideously unfair. Presumably you don't know who it was, otherwise you would have said something in the interview.

I would definitely call ACAS in the morning, they are very knowledgeable and helpful, and their role is liaison btw employers and employees.

Good luck!

bitofadramaqueen · 12/05/2008 20:22

Even if they dismiss someone for gross misconduct they still need to follow the appropriate dismissal procedures. Have a read at the acas stuff and your own handbook tomorrow. That way if they do try and dismiss you, you'll be ready.

It does sound a bit like they are trying to 'put the frighteners on'. I'm assuming if they have loss prevention officers, its a big company, and if that's the case they shouldn't be reckless enough to risk unfair dismissal cases. I know its not easy, but try not to worry and in the meantime arm yourself with as much knowledge about the process just in case.

Let us know how you get on - if they do try and dismiss you I'm sure someone like flowery will come along and give more detailed advice.

mum2jakeyroo · 12/05/2008 20:25

at the shop where i used to manage the manager before me and deputy and senior sales all got sacked for something similar. where you all in on sunday? how often does the safe get counted.

Original poster
crappydayatwork · 12/05/2008 20:34

I have read the link. It doesn't clarify the difference between suspicion of theft and actual evidence of theft. I can get a copy of my company handbook tomorrow to check what it says about gross misconduct. I understand disciplinary procedures but have never been on the receiving end til now.

OP posts:
Original poster
crappydayatwork · 12/05/2008 20:39

Thanks everyone, I'm putting the kids to bed in between posting!

I was not in on Sunday. Safe gets counted every day, so Saturdays takings are counted on Sunday. £60 missing in safe counted on Sunday puts 3 of us under suspicion. Although me and manager were in on Saturday and Senior Sales Assistant does Sundays, somewhere between these two days the money has gone missing.

OP posts:
mum2jakeyroo · 12/05/2008 20:41

they can sack you on suspicion. it happened to me. i was a manager. were you all in on sunday.

2point4kids · 12/05/2008 20:42

Is there cctv in your shop at all?

Original poster
crappydayatwork · 12/05/2008 20:45

Bitofadramaqueen it is a big company, one of Scotland's biggest employers (4200 staff)

OP posts:
mum2jakeyroo · 12/05/2008 20:46

is there cctv in the office. do you have to declare any money when you arrive. and does anybody do bag searches.

Original poster
crappydayatwork · 12/05/2008 20:47

CCTV on the shop floor not in the office. I was not in on sunday. Manager went in after Senior Sales phoned her about shortage in safe balance to double check figures.

OP posts:
Original poster
crappydayatwork · 12/05/2008 20:50

mum2jakeyroo what happened to you? We have bag searches every so often. We don't declare money on arrival

OP posts:
sis · 12/05/2008 20:54

I am really sorry to say this but there is case law where employers were found not to have unfairly dismissed when they did something similar. The employer must take reasonable steps to establish who actually took the money but if they still cannot find who actually took it and they know it must have been one person from a particular group then they can dismiss everyone in the group. I am not sure whether they can still call it gross misconduct.

I hope they find out who actually took the money - assuming it was a member of staff -so that everyone else doesn't have to suffer.

StealthPolarBear · 12/05/2008 20:57

that's awful
Hope it doesn't come tio that

Original poster
crappydayatwork · 12/05/2008 20:58

sis that happened at another shop in the company but it was around £4000. I just can't believe they would get rid of us all for the sake of £60!

OP posts:
Original poster
crappydayatwork · 12/05/2008 21:00

Me too stealth, my face has gone between all day!

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StealthPolarBear · 12/05/2008 21:00

Would they not need to get the police involved? Could you insist they do if they are not?

StealthPolarBear · 12/05/2008 21:01

If they don't for £60 as you say you probbaly need to take advice as to what you do next e.g. draw up a letter insisting that to ensure you can prove your innocence next time they must install cctv, initiate bag searches as below etc

StealthPolarBear · 12/05/2008 21:03

Nasty suspicious mind but what would stop a company doing this to avoid redundancies?

Original poster
crappydayatwork · 12/05/2008 21:04

I had thought about the police, but my main concern is not being able to get another job if this happens. I will ask tomorrow x

Also think its a bit unreasonable to expect us to run the place as normal while this is hanging over us. I'd rather we had all been suspended TBH but it would probably cost more than £60 to pay travel expenses for other managers to cover!

OP posts:
mum2jakeyroo · 12/05/2008 21:07

cdaw i was starting to think we worked for the same company. they suspected i had done a wrong refund. they couldn't prove it as i wouldn't admit it as i hadn't done anything wrong. but as they suspected they sacked me for gross mis conduct. and it is legal. i am so sorry cos this isn't what you want to hear. who cashed up on saturday.

StealthPolarBear · 12/05/2008 21:08

I don't know what to say!
Surely there must be something in employment law about them having proof beyond reasonable doubt before dismissing you?
Obviously you don't want to work for these idiots any more, but as you say there is the issue of references. OTOH if you ask about references now you just make yoursekf look bad.