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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I have an employee, who without permission has taken goods

Resolved Question:

I have an employee, who without permission has taken goods on our trade accounts and sold them. He has also used a company credit card without permission to buy goods and services for himself without authorisation. He has then further taken materials from our stores without permission.
I have reported this issue to the police, but they are reluctant to get involved. Can I insist that they take this matter up.
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. What reason have they given for the reluctance?
Customer: replied 1 year ago.
Because he had access to the accounts, materials and cards for authorised business use it would be difficult to prove he did not have permission. I also got the general impression that they were just not very interested and were trying to steer us down a civil litigation route. The figures involved are circa £4000, although we have managed to recover a kitchen worth £1600 that we are trying to re-stock with the supplier. I would like if possible to ensure we follow through with a prosecution if possible in order to send a clear message to all other members of staff that we will not accept this type of behaviour without taking follow up action. The employee, has it goes without saying left the business.
Expert:  Jenny replied 1 year ago.
You can ask the police to become involved but often in employment cases where the relationship is governed by a contract of employment they will not get involved because it can be dealt with by another means. This is partly to do with limited police resources unfortunately. The employee was in breach of his contract of employment by acting in this way so you can sue him in breach of contract for your losses. Even without police involvement if you can tell staff you are suing him that should act as a deterrent. You should write to ask him to repay you and if he fails to do so you can bring a claim in the county court using the form you will find at www.moneyclaim.gov.uk If you have any further questions 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.
Customer: replied 1 year ago.
Is theft, not theft regardless of the relationship between parties. Family members, friends and employee's are all capable of action that does not fall within the parameters of a civil or employment contract and should be policed according to the law of the land ? Can I not insist, complain or appeal should they try and take this position and is there any precedent or legislature I can state to back my argument. I have looked at many cases on line where employees have been taken to trial and prosecutions secured for theft from their business. I am aware that the CPS can and often does choose not to take a case to court, if it believes there is insufficient evidence, but I believed that if a crime had been committed or reported that the police were duty bound to investigate ?
Expert:  Jenny replied 1 year ago.
Yes I agree with you about this, if an employee steals from an employer it is a breach of trust and ought to be dealt with under the criminal justice system. Sadly though the police do not always see it that way. The decision whether a crime warrants investigation is taken by the police based on operational guidelines set out by the Home Office. As you have an allegation of theft then the police ought to investigate rather than say it is a civil matter. You should ask them how they have come to the decision it is not something they will investigate with reference to the Home office guidelines. If this gets you no where then you can bring a complaint to the Independent Police Complaint Commission. Good luck with this. In all honesty I think it will be easier to sue him in the civil courts I'm very sorry to say.
Customer: replied 1 year ago.
He has no money. Recovering the amount is not an option. A little bit of justice however would be nice. Thank you for your advice.
Expert:  Jenny replied 1 year ago.
No problem. I do hope you get somewhere with this and I totally see your frustration. If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer before leaving the site. Thank you and all the best.
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