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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:
2point4kids · 12/05/2008 21:09

Surely they cant fire you for theft or suspected theft if they havent called the police. They have to call the police to declare it a crime dont they?

I def agree that if all turns out ok and you keep your job that you are entitled to demand that new systems are put in place to ensure that you dont have to go through such stress again. CCtv, bag searches, double signing off system for using safe etc

Good luck!

StealthPolarBear · 12/05/2008 21:12

I am usuallly the last person to advise this but sue for stress

Original poster
crappydayatwork · 12/05/2008 21:14

Thanks everyone, mum2jakeyroo I have tried asking questions and asked my area manager what the likely outcome was and he said he can't have a store where he doesn't trust the team and if it made me feel any better he didn't like dismissing people! Eh, I don't give a how your feeling! How about how we're all feeling!

OP posts:
mum2jakeyroo · 12/05/2008 21:16

they don't have to call the police in. i checked they can keep it in house.

Original poster
crappydayatwork · 12/05/2008 21:17

2point4kids I think they can, they have certainly made it appear they can which is why I'm so worried.

I'm looking for a new job just now but I'll need references and stuff. I'm not sure if I should have my notice written out so I can leave before they sack me?

OP posts:
StealthPolarBear · 12/05/2008 21:23

My first opinion would be no - that makes it look bad
But I know nothing about this.
As 2point4 said, surely until they call the police it isn't theft, it's just that there is money missing from the safe - could it be an incorrect recording iyswim?

thelittlestbadger · 12/05/2008 21:24

I'm sure flowery will confirm but firms have to be very careful with references, it is a totally seperate area to whether they can actually sack you. I.e. IME they cannot say CDAW was fired for theft/being part of a team where a theft occurred without involving the police and going through some criminal proceedings. References are therefore likely to be 'CDAW worked for us for x years' and leave it at that. Basically if they can't say something nice in the reference they have to stick to facts. HTH and good luck

StealthPolarBear · 12/05/2008 21:25

Actually, in your position I would be getting legal advice tomorrow. I don't think you should leave your future in their hands iyswim. Would the CAB be able to help, does anyone know? Did you say if you were part of a union?

StealthPolarBear · 12/05/2008 21:26

littlestbadger, don't most references come with a form where they ask both you and your employer the reason for leaving?

Original poster
crappydayatwork · 12/05/2008 21:31

Stealth I'm not in a union. The money is def missing. There have been occasions where the tills have been messed up (power cut) but this usually makes an over in the safe rather than a short.

thelittlestbadger that does help about the reference

OP posts:
mum2jakeyroo · 12/05/2008 21:35

what happens to your takings as opposed to safe float. could it have ended up in your banked takings iyswim. thats happened to me a few times in my 10 years of managing.

StealthPolarBear · 12/05/2008 21:36

Well I suppose you can only see what happens tomorrow. Hopefully they were trying to put the pressure on. Hope you can sleep!

Original poster
crappydayatwork · 12/05/2008 21:41

mum2jakeyroo we send the banking away on a tuesday so no mix up there.

Stealth I'm not even sure they'll come back with a response tomorrow, lots of sleepless nights ahead I think

OP posts:
Eeek · 12/05/2008 21:43

Things may have changed but the company I worked for used to regularly charge people with 'suspicion of theft'. The police were not called and as long as we had 'reasonable cause' we were safe - it went to tribunal twice I know of and was upheld. BUT we had follow procedure. A company can do group sackings if they have reasonable cause. In any case such as this look to see they're following their procedures - if not head for a tribunal.

StealthPolarBear · 12/05/2008 21:44

That is dreadful. Definitely sue for stress, I'm not really joking tbh. I can't think of many worse work related stressful situations!

mum2jakeyroo · 12/05/2008 21:48

the only thing i see as odd is that no one has been suspended. i am sure if they suspect you of gross misconduct they should suspend.

Original poster
crappydayatwork · 12/05/2008 21:52

I think the cost of suspending us and getting cover from other shops would be much more than the amount of money gone missing. It is much more cost effective to stress us out at work each day

OP posts:
Original poster
crappydayatwork · 12/05/2008 21:54

Eeek I feel like we are guilty until proven innocent and not the other way round

OP posts:
mum2jakeyroo · 12/05/2008 21:59

i appreciate what you are saying about costs etc but i am sure if they are looking at gross misconduct they should suspend as procedure. and it shouldn't matter about costs - it is about procedure.

Original poster
crappydayatwork · 12/05/2008 22:03

As far as I know this is still at investigation stage. I had a "formal" interview but was not invited to attend anything so it wasn't the first stage of a disciplinary.

You think its a good sign no-one has been suspended then?

OP posts:
madamez · 12/05/2008 22:20

Sis is right: a whole department can be sacked over something like this: it's considered that the employer can't trust any of them. Sorry not to be able to give you any more encouraging advice.

leoleo · 12/05/2008 22:24

hi sorry not had chance to read all thread so maybe repeating someone else or wrong. But I have heard that they do this a manager I worked with told me about this happening. It is not like the police ie - innocent until proven guilty. They will say that there is a break down of trust and therefore no one can continue working for the company because of this..
Very unfair.
Poor you

mum2jakeyroo · 12/05/2008 22:31

i don't want to get your hopes up but i would possibly think it is a good sign as after my first interview i got suspended. either that or they aren't following procedures if my thoughts are correct on the procedure.

Blueskythinker · 12/05/2008 22:43
Sad
flowerybeanbag · 12/05/2008 22:47

Have to be quick. Everyone is right, if they really can't possible establish who did something and there is a breakdown of trust, they can potentially dismiss all of you. Burden of proof is not the same as in criminal law, it's all about balance of probability, not beyond all reasonable doubt.

However, if they have reason to believe that someone has been stealing, and therefore there is a breakdown in trust, they should obviously suspend that person/those people. If they haven't suspended you it is a bit dodgy of them then to dismiss you on the basis of a breakdown of trust, clearly they trusted you enough to keep you working while they investigated.

So if they dismiss you on that basis, make sure they follow the procedure dramaqueen linked to earlier. You will be given the right to appeal, if they dismiss you, appeal it on the basis that there cannot possibly have been a breakdown in trust as they continued to allow you to work there.

Sorry it's brief, hope that helps anyway.