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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My son has been accused by his employer of theft. He totally

Customer Question

My son has been accused by his employer of theft. He totally denies this but is unable to provide proof in the form of CCTV. He has been to the police station to ask them for help in obtaining the CCTV but they have told him that he must get a solicitor to do this. His employer has at no time involved the police but he has now been asked to travel from Nottingham to Derby for a hearing with his employers. What would be your advice.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I would like to know what my son can do to get the CCTV proof of his innocence
Expert:  Jo C. replied 1 year ago.
What action have the employers taken?
Customer: replied 1 year ago.
They suspended my son on full pay, although he has only had 1 weeks pay plus a sub, a month ago when this theft occurred. The police were not informed and were not aware of any theft until my son informed them
Expert:  Jo C. replied 1 year ago.
Well, I wouldn't encourage them to get the police involved. That is not going to help very much. If they do make an allegation he will be investigated which is not your wish.
In terms of getting the CCTV, the police were fobbing him off. They have no power at all to intervene in this unless they make a report.
A solicitor could ask for copies of the CCTV but that doesn't mean they have a right to demand it.
The only way that it would be possible is if they do dismiss him and he takes them to tribunal. Then he could demand disclosure of the CCTV.
That said, failure to take it into account when it must exist is a factor that the tribunal could consider when assessing whether or not their actions were reasonable.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
So would your advice be for him to go to the 'Interview' with his employer to find out what their next step is going to be and if it is a case of dismissal for his to go to tribunal
Expert:  Jo C. replied 1 year ago.
Yes, if he has the adequate amount of service.
Ask for the CCTV as if they refuse then that will be a factor weighing against them.
Customer: replied 1 year ago.
The CCTV is not in the possession of my sons employer it is the recording of him walking past the Nottingham O2 Arena and him getting on a bus to go home. The O2 Arena have told him they cannot give him the recording without the police being involved and it is the same with the local bus company. What do you mean by adequate amount of service?
Customer: replied 1 year ago.
Still waiting for the phone call that i requested
Expert:  Jo C. replied 1 year ago.
You haven't provided a number?
What is the relevance of this CCTV ? What will it show or not show?

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