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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46782
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have a problem i steal some money from a till at work

Customer Question

Hi i have a problem i steal some money from a till at work and cctv camera caught me i have a letter from work about investigation what should i do now? I never took any money before but i understend its not excuse but i am feeling so bad
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.
More then 4 years and i was a good worker i never took anything before
Expert:  Ben Jones replied 1 year ago.
How much was taken?
Customer: replied 1 year ago.
£100
Customer: replied 1 year ago.
I dont know what to do now do i need a lawyer
Expert:  Ben Jones replied 1 year ago.
Theft from an employer is a gross misconduct offence which can result in dismissal. At this stage the employer is still only conducting an investigation but after that concludes they can proceed to a formal disciplinary if they have enough evidence and believe you have a case to answer. If this goes to a disciplinary then you will be asked to attend a disciplinary hearing where you can defend the allegations and have the right to be accompanied by a colleague or trade union rep. If they find against you they can dismiss you. They could also report this to the police if they wanted to – it is after all a criminal matter but they are not obliged to do so and they can decide not to contact the police and just deal with it internally. You do not need a lawyer at this stage. You can decide to attend the investigation and then deal with any formal disciplinary action if it gets to that. You can alternatively ask them to let you reign immediately and allow you to walk away – it saves them time having to deal with this, but they are not obliged to do so. This is your basic legal position. I have more detailed advice for you in terms of the law on disciplinary procedures and what the employer is required to do, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46782
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Its that means i can go to jail?
Expert:  Ben Jones replied 1 year ago.
For £100 it is unlikely you will be jailed, you may get a fine or community service order. As to the employment law side, misconduct, such as theft, is a common reason for taking disciplinary action against an employee. 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.

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