About to be falsely accused of stealing money from the workplace

[JohnInMillwall]

Hi there,

 

In March, £500 pounds went "missing" from the workplace. The guys counted all the money from all the tills on the Friday and counted it up and bagged it. They sealed a bag of notes that wasn't meant to be sealed as it was missing the slip for the amount lodged. The problem is that two guys count all the money. They are adamant that all the money was in the bag. However, since the bag had to be cut open, because they sealed the bag without the slips, and I needed to write up the cheque/lodgment slip and put the money into the new bag, the opening of the bag was done in one of those guys presence. I had to transfer the notes from one bag to another, the two guys left the office, as it's normal procedure for one person to seal the bags(which is wrong IMO). I am now left in a very vulnerable situation here.

 

There is no CCTV inside the counting rooms at all and their is no way to prove that I did take the money. But am I correct in saying they can still fire me by ruling out the other two guys and the counting company. I don't want to lose my job, but that's not important, what is important is that I know they are about to accuse me of stealing, which they cannot prove and which I did not do. All the blame seems to be lying at my feet for something as to which I did not do. Can I take a polygraph or something to prove my innocence? Or if not what action can I take if they fire me for stealing without proving it?

 

I feel helpless.

John

[terriersaregreat]

Hi! Welcome to the forum.

 

I just dropped in to say that there are lots of people with lots of experience and help on here so hang on in there.

 

One question how does anyone know that there was £500 in the money bag?

[Sidewinder]

Hi John

 

I really feel for you as it is devastating to be accused of something which you know you have not done, but cannot prove.

 

The bad news is that if, after a reasonable investigation, the company have reasonable belief that you committed the act, then in law, a disciplinary sanction is justified, and for theft, there would be very few employers who would not dismiss and be on fairly safe grounds. Unfortunately too, there is no automatic right to take a polygraph, or even to demand a Police investigation. That is wrong, but sadly the way it is - employment law demands a far lower burden of proof than criminal law.

 

As to what you can do? Quite frankly I don't know beyond emphasising your innocence and incredulity that you should be accused in this way, highlighting the flaws in the company's cash handling procedures and suggesting any other way in which the money could have gone missing. You must cast as much doubt as possible on their belief that you are guilty.

[watchinginvestigation2011]

Wouldnt harm you offering to your firm for them to send you for a polygraph as it would show your position that you will do all you can to prove it is not you who took the money.

 

Wether they take it up is up to them, but even if you do lose your job you could provide proof you offered to sit a polygraph that you are not dishonest for use of future employer xx

 

Heres hoping they instead rethink their cash procedures and dont blame you.

 

Best of luck, sorry to hear you are going through this xx

[JohnInMillwall]

I can definitely cast doubt. But they cannot prove that I took the money. Even though I didn't take it. They can still terminate employment? Is that correct? What a cruel way to go.

[RachelMD]

As Sidewinder said, in employment law all the employer needs is reasonable belief that you took the money, they don't need proof.

 

You need to prepare thoroughly for your hearing.

[rebel11]

Hi John

 

How long have you worked there? Has any thing like this happened to you or anybody in a similar position before? Have you got Union Representation at your work?

[terriersaregreat]

As usual sound advice. As the advice appears to be that you are not in a strong position. Perhaps you should be thinking, I didn't steal the money so who did and how and when could it have been done?

 

Evidently you were in a vulnerable position working with two others. Looking at the scenario perhaps writing what happened down will help catch the thief or theives.

 

If you are certain that the money was there before the bag was sealed think the question is why did your colleagues not follow procedure? Leaving you to count and re-seal the bags. I expect you have considered this but certainly your employees have brains and would wonder what actually happened.

 

I think I'd be thinking as your employee that if you stole the money you hadn't thought it through as the finger would definately be on you. Do you think this was a genuine mistake by your colleagues or are they responsible for the theft? Got to be one or the other. I'd be .............. furious if they had done this to me.

[Nystagmite]

Do you have proof it wasn't you?

[terriersaregreat]

Nystagmite- the answer to that is that's why John has started this thread.

 

This is so difficult. Have you considered going to your employers. I'm not advising you to, that's not my place, just wondered if you would feel happier about doing that than waiting to be accused.

 

TAG

[Par King]

Sorry to hear about your situation, its really unfortunate.

 

The key thing is the investigation that is going to take place in relation to this matter. Have a look at ACAS guide on disciplinary and grievance procedures, which is on their website, which describes good practices, so you can be aware if there is anything that isn't right. Hopefully the investigation is going to be reasonable and fair. The question then from the employer's point of view is, based on the evidence we have gathered from this investigation, can we dismiss this employee for a fair reason ( ie misconduct or gross misconduct- theft.) To answer that they have to ask themselves (i)do we believe he is guilty (2) do we have reasonable grounds for forming this belief ( i.e good evidence from the investigation), (3) was the investigation reasonable in the circumstances. If they think yes to all three they may conclude that they should dismiss you. So long as they can show that they acted reasonably in dismissing you, ( basically all of the above) then sorry, they can dismiss you. The investigation and the evidence gathered is KEY right now. You need to get prepared for the investigation/hearing and/or appeal. If it goes to tribunal, the tribunal will look at all these issues and will decide if its reasonable for your employer to have chosen to dismiss you based on the information/evidence they had available to them, the ET will decide if ie that reasonable employer would have dismissed you in the circumstances ( objective test) All the best with it