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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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Hi, A month ago I was dismissed from work due to £20 payment

Customer Question

Hi,

A month ago I was dismissed from work due to £20 payment in cash missing. 2 weeks later I got police officers coming over to my house claiming there's been a report for employee theft of £51. On Tuesday I went into the police station to give a statement. According to the report given in it was claimed that £89 was missing altogether with evidence of receipt books. The system used to receive payments was all over the place. I worked 6 days a week in reception and cash payments were collected and all stored in a cash box kept in front of reception and we used receipts from the receipt books bought at the end of the day I would put all the money collected in an envelope write down who paid what and hand to the owner. This was then stored to an excel sheet by me of what card and what cash we take that day. However due to the husband of the owner working Sundays he also took payments which sometimes wasn't updated to the excel sheet and he also used the receipt book. I have denied all allegations of theft however the police are going to let me know on Saturday what the decision is.

The claim is that I forged the receipts that shows that they paid less and pocketed the rest. Also there seems to be pages missing from the receipt book.
Is there a likely hood this could go to court or would it be dropped due to amount of money and evidence present?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Just to clarify, they are alleging theft of £89 and that you forged receipts?
Customer: replied 2 years ago.

That's right. They've handed in photocopy receipts which one has my signature on and other isn't my handwriting at all.

Expert:  Jo C. replied 2 years ago.
Is it going to be in your handwriting?
Customer: replied 2 years ago.

The one signed is in my handwriting however the number on it seems to have been changed. The second is not my handwriting at all. But all payment receipts usually have my handwriting and the envelope handed to the owner at the end of the day.

Expert:  Jo C. replied 2 years ago.
They won't drop it because of the sum of money involved. This is theft from employer and so aggravated by the breach of trust.

However, the evidence is not really overwhelming on the basis of what you say here. Obviously I haven't had vision of this case but its quite unlikely they would do a handwriting analysis for a sum of this kind.

If they do charge you then plead not guilty and go to the Crown Court for trial where they will struggle without evidence.

Unless they plug up the gap with more evidence than a mere allegation this is not likely to lead to a charge.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Thanks Jo,


 


So it's definitely going to court?


 


Glad it looks like there's no sufficient evidence. Apart from receipts and the excel spreadsheet there isn't much else they can go on apart from she said and he said. There are 3 other staff members who can access the office and all the cash. Apart from that they cash box was kept outside in reception area where it can be used by any parents.


On top of that I got dismissed in the middle of the week and I used to get paid weekly which meant I didn't receive 3 days work worth £100.


 


After the interview the solicitor said that it could be dropped due to the cost to go to court.


 


Is there anything else I can use if this does go to court?

Expert:  Jo C. replied 2 years ago.
No, its not definitely going to court.

Its just that they are unlikely to not charge if there is evidence because this is a small sum of money. There are other aggravating features.

Anything can be dropped because of the cost.

I think its a case of doing nothing and seeing if they can prove what they allege. It might well all dissipate into nothing.

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