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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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Hello,I live in the U.K. Law system.At my work I was

Customer Question

Hello,

I live in the U.K. Law system.

At my work I was taken cash from the till and going to get this changed from the front desk but on the way I stopped to put the money down and move an item,I then picked the cash back up and went to the from desk.
There were two staff members outside and I believe they said to the manager that I was moving money around and stolen money.
People at work have been strange around me and now when new staff members come in they count the tills at first which has not been done before.
Also the item I moved has now been removed and I was told not to use it as broken.
This happen over a week ago and I have not had anything yet and been left on my own with the till in charge.
Can two people saying this be bad for me or is it hearsay.
Thanks,
Steven.
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill : Hello my name is XXXXX XXXXX I am happy to help you today, how long have you worked there for?
JACUSTOMER-m631sd6x- : I have worked there for over seven years with no written contract at all which I'm not the only one. I just spoke about pay and hours when I started back there after a year out. I did have a contract from before but as I left for a year I take it this no longer stands.
JACUSTOMER-m631sd6x- : I
JACUSTOMER-m631sd6x- : There is no Camera or CCTV to support the two witnesses.
taratill :

Has your employer said anything about this yet and was there actually some missing money?

JACUSTOMER-m631sd6x- : My employer has not said anything yet and bits been a week now. If they were thinking it's was a risk would they have me working there for a whole week and leave me with all that money still. I have not yet been told there is money gorn missing but maybe I still could I don't know you think they should of said by now.
taratill :

Yes if they think you were stealing they should have told you by now or removed you from the risk.

taratill :

Do you have any particular questions about this?

JACUSTOMER-m631sd6x- : On the day in question the two witnesses did not go back and check to see if there was money in that area just walked past and went home.
JACUSTOMER-m631sd6x- : Would two eye witnesses be enough or would it be hearsay and need more proof in this day and age.
JACUSTOMER-m631sd6x- : Why did you ask me about how long I have worked there? It's been over seven years now.
taratill :

Hi the reason I asked for length of service is that if you have worked for less than 2 years you have less employment rights and can be dismissed for any reason.

taratill :

Given that you have worked for longer than that your employer must treat you fairly.

taratill :

They would need to have reasonable belief that you have committed an act of gross misconduct before dismissing you.

taratill :

It is unlikely that they will be able to do so in the circumstances you describe given that a long period of time has elapsed and they have not carried out any investigation into the allegaiton.

taratill :

If they do now try to take action you can raise a grievance about the delay.

taratill :

If you were to be dismissed you could appeal and claim unfair dismissal.

taratill :

If you have any further questions about this please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

JACUSTOMER-m631sd6x- : Can I ask if two people that said they saw me playing with money alone was enough to take action alone?
JACUSTOMER-m631sd6x- : Even that I did not sign a contract when I returned to the job does this still give me the employment rights?
taratill :

It may be that the word of 2 people would be enough for an employer to have reasonable belief

taratill :

.The fact that there is no contract of employment does not mean that you do not have any employment rights.

taratill :

The issue for you is the delay is unreasonable.

JACUSTOMER-m631sd6x- : What should I do next and what if I et a letter 2mrw for a meeting?
taratill :

If you get a letter you should raise a grievance over the length of time it has taken for them to deal with the issue and state that you think that it amounts to a breach of trust and confidence.

JACUSTOMER-m631sd6x- : Why:
taratill :

?

JACUSTOMER-m631sd6x- : Did the two people not go to that area and check if there was money there if they think there might be. Why not say anything to me for a week until it suits them. Did they see me put money in my pockets with there own hand or simply move areas of items around.
taratill :

Exactly, given the lack of immediate investigation they will struggle to establish reasonable belief, as I have already stated. If they were to dismiss you you could claim unfair dismissal.

JACUSTOMER-m631sd6x- : What if they not tell the truth about the date and say in was only days ago? Also is it not my word against the other two people with no way to prove who is correct?
taratill :

There is always the possiblity that people will lie and there is nothing I can do about this. If you took it to tribunal they would have to lie on oath.

taratill :

I have given you all of the legal information that is relevant in this sitaution. If you have any further questions I will be happy to answer them for you otherwise please remember to rate my answer as I will not otherwise be credited for my time.

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