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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46160
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have a situation at work where some cash is missing from

Customer Question

I have a situation at work where some cash is missing from the till, 13 days ago
A lady made part payment by card and part payment by cash. It appears the cash payment never made it on to the account. I returned the payment bringing the balance to zero. This has led to me being accused of taking the money.
I believe the money missing from the till isn't the same as the amount of cash we received from the customer. I am not the only employee with access to the cash draw there were at least 2 colleagues and there is occasionally other times when colleagues need access to the safe for example.
I have been questioned twice by management regarding the situation and they have alleged i have taken the money. They are also alleging i do not follow company policy on taking payments
Can you give me some advice and what steps will be next in the matter?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for and have you been told you are facing formal disciplinary action?
Customer: replied 1 year ago.

I have been there since October 2011.

It is not formal disciplinary action yet, my answers to specific questions are being given to an external Law company who will advise my employers, apparently i will hear something tomorrow

Expert:  Ben Jones replied 1 year ago.
At this stage you are still presumed innocent as the employer is only conducting an investigation. During this period the employer should conduct a reasonable investigation into the allegations against you. If the investigation gathers enough evidence to justify the taking disciplinary action that could be the next step. In that case the employee has the right to be informed in advance of the allegations against them and be given the opportunity to prepare for the hearing.
On the other hand, if the investigation does not find enough evidence to justify a disciplinary, the employer should terminate the process immediately and allow the employee to return to work as normal.
In terms of the next steps, alleged misconduct is a common reason for taking disciplinary action against an employee. It could be due either to a single serious act of misconduct or a series of less serious acts over a period of time.
In order to justify that disciplinary action on grounds of misconduct was fair, the law requires that the employer:
• Conducts a reasonable investigation;
• Follows a fair disciplinary procedure; and
• Shows they had reasonable grounds to believe the employee was guilty.
In addition, the employer is expected to follow the ACAS Code of Practice on disciplinary and grievance procedures. Altogether, it means that a disciplinary procedure should be conducted as follows:
1. Investigation - a reasonable investigation is needed. What is reasonable depends entirely on the circumstances and especially the nature and seriousness of the allegations. The more serious these are, the more detailed the investigation needs to be.
2. Disciplinary hearing - if the investigation provides sufficient evidence of misconduct, the employee may be invited to attend a formal disciplinary hearing. They must be given prior notice of the hearing, including details of the allegations, allowing them time to prepare. They have the legal right to be accompanied at the hearing but only by a trade union representative or a colleague.
3. Decision and penalty - following the disciplinary, if the employer holds a genuine belief that the employee was guilty, then they can go ahead and formally sanction them. When deciding on the appropriate penalty, the employer should consider the nature and seriousness of the offence and the employee's disciplinary record. Unless the offence was one of gross misconduct, ACAS recommends that the employee should be issued with a written warning.
In summary, an employer is not expected to prove that the alleged misconduct had definitely occurred. Disciplinary action will be fair if the employer can show that it had conducted a reasonable investigation, followed a fair procedure and held a genuine belief that the employee was guilty. Finally, it must show that the penalty was a reasonable action to take in the circumstances and one that a reasonable employer would have taken.
If there are any doubts about any of the above and there is belief or evidence that the employer has not satisfied these requirements, an appeal can be submitted to the employer immediately after the disciplinary outcome. If the disciplinary results in dismissal then a claim for unfair dismissal can be made in the employment tribunal. There are two requirements to claim: the employee must have at least 2 years' continuous service with the employer and the claim must be made within 3 months of the date of dismissal.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.

Hi Ben,

Thanks for the information, I have been called for a disciplinary hearing next week, is there anyway I can send the information for you to look at?

Also can I do anything about incorrect dates on evidence or incorrect figures?

Expert:  Ben Jones replied 1 year ago.
Hi you can post any documents on here but I won;'t be able to help much as I have very limited information to go by so any specific advice for the disciplinary is something really you need to discuss with a solicitor in person. As to incorrect dates/figures you can certainly raise any discrepancies in the evidence with the employer -best before the hearing but you can also do so at the hearing if you do not get the chance
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46160
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thank you I will look for a local solicitor
One final thing... So the till was apparently £350 which Is what I am accused but it appears to be £274.75 down. Which I accept isn't good either but how can I be accused of the higher figure? Also I am not the only person using this till
Also there is CCTV in the premises, is it normal that non of this has been used against me?
Thanks for your advice so far
Expert:  Ben Jones replied 1 year ago.
if the figures do not match then ask why - was it an estimate first, did they recalculate it and come to a ore accurate figure later, etc. But the discrepancy would not remove the fact that it was down in the first place.
If CCTV is available then it should be used as that would form part of the requirement to conduct a 'reasonable investigation'. Therefore if it is still available ask for it to be used.
If your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Customer: replied 1 year ago.
Just a small example is a colleague saying he didn't see the money enter the till when he was stood next to me and definitely did see it. Now CCTV is in the shop and would back it up.
Should I be handicapped for example if the CCTV wasn't working correctly? When this would rubbish the claims?
Expert:  Ben Jones replied 1 year ago.
The employer would have to work with what they have so if no cctv was available then they would have to use other evidence so if the footage would have helped you then by it not working it could affect you but do not assume the worst yet. It's quite difficult to say what relevance this would have had without seeing it

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