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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9890
Experience:  I have been practising for 30 years.
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My Ex-Employers have contacted the Police regarding a sum of

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My Ex-Employers have contacted the Police regarding a sum of roughly £7000 going missing over a period of a few months. The Police came to my door 2 months ago and asked me to attend a voluntary formal interview as I am a suspect. The officer dealing with the case was off work until yesterday and has recommended that I get legal advice. He has tried contacting me today to arrange for the interview.
Whilst I was working there I had a new manager after a month of my promotion to Team Leader. This involved me cashing up. My new manager watched me cash up and shouted at me saying I was wasting time and hours by adding up the individual card receipts and just to input the remaining figure that is given after inputting the cash from the tills. This has obviously come up as a discrepancy on the systems.
I worked for the company for a year and half. Around 13 months I was part time whilst at University and then I got promoted to team leader for around 5 months.
He text me saying that I was responsible for £2000 of the £7000 and that the Police will be dealing with it. I haven’t taken a penny!
There were at least 5 other members of staff who had my login details for the systems and the tills – so any of them could have accessed my accounts etc.
Also, on a number of occasions both myself and another myself of staff had noticed that the fruit machine money bags were OUT of the safe and on the top in the office – which has no CCTV in. These could amount from anywhere between a couple of hundred to thousands of pounds.
On one occasion I had another member of staff overseeing me cash up and lock the office up including ensuring that the safe was locked shut. Another member of staff who was suspected of stealing money was working the next morning and submitted a report to my manager to say that I left the safe unlocked over night and the money was wrong inside.
Could you let me know where I stand with regards ***** ***** case – I haven’t done anything wrong. I didn’t want to argue my new boss and lose my job so I just agreed to follow instructions that he gave me. I’m really scared that I am going to get charged for something I didn't do.
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.
Customer: replied 1 year ago.
Hello there, I was just wondering if you could give me some advice on the next step for me to take
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.
Customer: replied 1 year ago.
My Ex-Employers have contacted the Police regarding a sum of roughly £7000 going missing over a period of a few months. The Police came to my door 2 months ago and asked me to attend a voluntary formal interview as I am a suspect. The officer dealing with the case was off work until yesterday and has recommended that I get legal advice. He has tried contacting me today to arrange for the interview.Whilst I was working there I had a new manager after a month of my promotion to Team Leader. This involved me cashing up. My new manager watched me cash up and shouted at me saying I was wasting time and hours by adding up the individual card receipts and just to input the remaining figure that is given after inputting the cash from the tills. This has obviously come up as a discrepancy on the systems.I worked for the company for a year and half. Around 13 months I was part time whilst at University and then I got promoted to team leader for around 5 months.He text me saying that I was responsible for £2000 of the £7000 and that the Police will be dealing with it. I haven’t taken a penny!There were at least 5 other members of staff who had my login details for the systems and the tills – so any of them could have accessed my accounts etc.Also, on a number of occasions both myself and another myself of staff had noticed that the fruit machine money bags were OUT of the safe and on the top in the office – which has no CCTV in. These could amount from anywhere between a couple of hundred to thousands of pounds.On one occasion I had another member of staff overseeing me cash up and lock the office up including ensuring that the safe was locked shut. Another member of staff who was suspected of stealing money was working the next morning and submitted a report to my manager to say that I left the safe unlocked over night and the money was wrong inside.Could you let me know where I stand with regards ***** ***** case – I haven’t done anything wrong. I didn’t want to argue my new boss and lose my job so I just agreed to follow instructions that he gave me. I’m really scared that I am going to get charged for something I didn't do.
Expert:  Ben Jones replied 1 year ago.
Hi there. Sorry for the duplicate response. Please can you tell me whether you require advice on the employment side of this or the possible criminal aspect of it with regards ***** ***** involvement. Thank you.
Customer: replied 1 year ago.
The criminal aspect as they are requesting me to organise an involuntary formal interview at the police station
Expert:  Ben Jones replied 1 year ago.
OK, thank you for your response. I will opt out so that another expert can assist you as this is not my area. Thank you.
Expert:  F E Smith replied 1 year ago.
You do not have to attend a voluntary interview. However if you don’t attend, you are liable to be arrested on suspicion of theft and then you will be taken into the police station and questioned.You have the right to have a solicitor with you and if you don’t know or have a solicitor, the police will arrange for the duty solicitor to be with you. The duty solicitor will make sure that you do not trip yourself up or incriminate yourself.Unlike a civil claim which is decided on the balance of probabilities, the prosecution must prove beyond all reasonable doubt that you committed this offence. It will be impossible for them to do so quite simply because there is no evidence to incriminate you. There cannot be any evidence to incriminate you because quite simply, as you have said, you have not done anything.As regards ***** ***** boss, the more cooperative and open you are seen to be with the police, the better it will appear in his eyes. After all, you haven’t done anything therefore you have nothing to hide and nothing to fear by being interviewed.Can I clarify anything specific for you?Please don’t forget to rate the service positive. It is an important part of the process by which experts get paid.Best wishesFES
Customer: replied 1 year ago.
Thank you for your response. The main thing concerning me is that as I was technically inputting false figures into the card submission whilst cashing up - manager specifically said I was wasting time counting them up - that I can get into trouble for that.
Expert:  F E Smith replied 1 year ago.
Glad to help.That is a different issue. It could account however for this alleged discrepancy. Whereby, there is actually no discrepancy at all, no money has gone missing, and it simply that the input figures when accumulated over a period of time, are incorrect.If someone inputs (in error) £100.00 instead of £1.00, it doesn’t mean that they have stolen £99! £99 will be "missing"but there will be no proof of any theft.However in interview, it is something you may want to raise and do say that you were doing this on the instructions of the manager.
F E Smith, Advocate
Category: Law
Satisfied Customers: 9890
Experience: I have been practising for 30 years.
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