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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69542
Experience:  Over 5 years in practice
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I have a business and recently found that my shop manager took money from my till and floa

Customer Question

I have a business and recently found that my shop manager took money from my till and float bag without my permission.He did leave a note in the till saying he had taken it and both he and my other sales assistant signed the note.As this was carried out in my absence and without my express permission,i consider this to be theft.Can you please advise me ?
Please be aware this is a british company, operating in Wales,utilising British Law.
The same person has been conducting his own business since last May,in direct competition to me,whilst being in my employ,while I was caring for my elderly father and sister who has since passed away.The assistant previously mentioned has been giving the managers mobile contact details to prospective customers,entering my business premises,whilstboth persons are employed by me.He even advised someone on Face book to contact the manager and NOT me.What shall I do,my business turnover is �70000 down on the previous years sales.
Kind regards ***** *****
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.
It is only theft if you can prove an intention to permanently deprive. Since he left a note then realistically that is substantially undermined.You have to be realistic. Dishonest people do not normally leave notes informing people of their actions.The police are absolutely spot on I'm afraid. The note negates dishonesty and weakens any intention to permanently deprive.If he has disappeared with the money then it is a civil dispute and you can sue.Can I clarify anything for you?Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69542
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 10 months ago.
No thanks.I just know if I wnet into a shop and did the same I would be guilty of theft !
Customer: replied 10 months ago.
What is your opinion on the rest of my question,re same person (conflict of interest) ?
Expert:  Jo C. replied 10 months ago.
If you went into a shop and left a note that could identify you properly then you wouldn't be charged with theft.Conflict of interest is really an employment question which is not my area I'm afraid.

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