Need some HR / legal advice please.
We run a small business with a handful of employees. I have had to dismiss an employee for gross misconduct. He stole £3k in cash from us and we have informed the police that we wish to press charges. We know it's him, he has admitted it, so there is no issue there and he has said he wants to try to pay the money back.
The employee was given a contract which he signed, but he doesn't seem to have a copy of it any more. He has said he is speaking to a lawyer and the lawyer has asked to see a copy of his contract.
I know we need to give him any outstanding pay up to and including his last day of work. There may also be some untaken holiday pay due. It isn't going to happen in this case, but in theory I guess that we could even end up owing more than the value of the theft.
Am I within my rights to send him the payslip but not the money, given that he has said he wants to pay it back anyway, or do I need to pay him in order for it to be sent straight back, and just hope that he does it? Although I don't think he'd mind if we just kept the money, I am nervous about his criminal lawyer trying to trip us up in some way for not doing eveything above board. He is speaking to a lawyer to help him with the criminal charges, it's not an employment tribunal thing. I also wonder if his lawyer might advise him not to return any money owed to him in wages and to leave it to us to persue it through the courts.
I know we can still fire him for theft, but can charges still be brought if there is no actual loss as a result of the theft? How do you argue that you have lost 3k to theft if you haven't actually lost it and it's been paid back before something comes to trial? Will this prevent a prosecution?
Thanks.