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The other day myself and 2 colleagues were shopping and

as we left the store one of us got stopped and

 

it transpires she had stolen a packet of sweets.

 

She claims she wasn't taken into an office and was dealt with in the shop floor.

 

The police were not called but the store manager said he would inform our employer

as he had a duty of care due to the hysterical state she was in.

 

The security guard also allegedly stated that he knew all 3 of us had been taking things.

 

The next day we were all summons to head office as the sore manager had phoned our employer

and all 3 of us are now been investigated for gross misconduct

as we gave brought the companies name into disrepute.

 

I think this is slanderous and possibly a breech of data protection

as myself and another college I did not get caught stealing.

 

They got our names after bulling my colleague who was caught

by saying they had an a tip off from another colleague that we were always talking things.

 

Obviously this is not true.

 

Can anyone advise please on why the shop had the right to inform our employer without any proof

Edited by blonde123
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Why the heck did they inform your employer? THey have no right to do so.

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They said they had a duty of care as the person caught shoplifting was an emotional wreck

 

I can only assume they bullied our names from her as we left the store no problem as we didn't steal anything.

 

I have been told that when the store contacted our employer

 

they claimed 3 people from your company have been helping themselves to what they want.

 

This is not true for 2 of us.

 

Surely if they had proof they would have contacted the police?

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Duty of care? It has nothing to do with them if she's an emotional wreck. The correct course of action would be to contact the police or an ambulance or a friend. Definitley not her employer. And roping two innocent parties into it as well.... Should you lose your jobs here, i forsee a nice big lawsuit coming their way.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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I agree

 

we are now been treated by our employer as guilty.

 

We have been suspended from some duties as we hold positions of trust.

 

I myself have been moved to another office which is causing gossip and speculation and stress.

 

And we are all under formal investigation for gross misconduct.

 

I am concerned now that the store know they have messed up

and may fabricate sone evidence against the 2 innocent people.

 

It is their right after all to ban people.

 

But do they need evidence?

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Well, for now, you are just under investigation. I would get in touch with this retailer and demand a full apology in writing about the way you were treated and an admission that you had nothing to do with the alleged offence.

 

As for banning people from a shop, the store does not need any evidence as it is private land. They can ban anyone for any reason they like.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Personally I don't care I'm banned for obvious reasons.

 

So would you advise contacting the store before the disciplinary hearing?

 

We were thinking from the stores point of view it was guilt by association.

 

So perhaps they don't need to apologise for that.

 

The security guard also claimed the shop had been tipped off by someone else we work with.

 

I think that's nonsense.

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Well, you need to get your defence straight first. So demanding a full apology from that shop would be a good start. As it stands, your employer has reasonable suspicion that you were in a shop and have been reprimanded by the management for shoplifting, while on company time. That normally is enough for him to dismiss you.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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It was our lunch hour so not company time.

 

Also myself and my friend were not stopped by security

 

we only found out later what had happened when the guilty one returned.

 

w E have never been told by the store that they suspect us.

 

Instead they chose to call our manager which has caused merry he'll.

 

Thank you for your replies .

 

I think the store is in trouble for naming innocent people

Edited by blonde123
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Hi blonde

 

You could write to their Head Office, explain that an incident alledgely took place involving an individual. That you have been accused of something which you categorically deny. State that your solicitors want further information on the accusations made by xxxxxxxxxxxxx (name of company) against you. Tell them they have 14 days to provide either the information requested or a full and unequivocal apology. You are consider taking further action against xxxxxxxxxxx (name of company) as serious allegations have been made.

 

Give them the date and the store where the incident took place.

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Thanks rebel. I think I may do this as the stress is killing me. I also think my employers are at fault as they don't gave ant evidence simply because it can't exist! Whatever happened to innocent until proven guilty

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Hi blonde

 

Post up the letter without personal details so the guys can check it for you.

 

Thanks rebel. I think I may do this as the stress is killing me. I also think my employers are at fault as they don't gave ant evidence simply because it can't exist! Whatever happened to innocent until proven guilty
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Will do

I'm hoping yo run it past the other innocent party and if she is in agreement we will either write to the store or phone them as ideally Web need the letter by next Wednesday. But thank you all so much for your help x

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Whatever happened to innocent until proven guilty

 

Only in criminal law. Industrial law is effectively the opposite.

 

But definitely do as Rebel suggests. To quote you above the store doesn't really need to apologise for almost anything, outside of a court room. However, the possibility of solicitors' fees and bad publicity- for no real reason except for an over-zealous member of staff- is very likely to give them pause for thought. Likewise, you should remember that (re: guilt and innocence) your employer only needs reasonable suspicion to discipline you to the point of dismissal; whereas this letter should deny them those very grounds: "Q.E.D," as it were.

 

Just looking at the worst case scenario, don't panic!

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Really? Now that us a worry concerning reasonable suspicion. But I know you said it's worst case scenario.

I am still perplexed though as to why the store contacted my employer. Especially as I was not the one caught theieving and never gave stolen.

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I really meant that, if the worst came to the worst, and any dismissal went to a tribunal, the employer doesn't have to pprove you did shoplift- only that they acted as any other 'reasonable' employer would have done. And if you're in a position of trust facing an allegation of theft, any dismissal might be found to be reasonable. But with a withdrawn allegation- probably not. Anyway don't worry bout all that.

 

It's bizarre about the store contacting your company- almost to the point of suggesting some personal motivation, if that's possible? Either way, I believe slander and defamation are still offences ;)

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What I really want to know is do the store gave a right to contact our employer. Even though one of my colleagues was guilty myself and my other companion have never stolen anything so surely the store is on dangerous grounds and is this not a breach of data protection?

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blonde123: Are you in a union ?

 

If so, it would be worthwhile discussing the case with your union rep - They may even be able to offer legal advice/aid in persuing the store in question for defamation.

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You have a common law claim for "Breach of confidence"

 

You have a right to find out what information has been transmitted to an outside party. Any information transmitted must have been proven, relevant and relate to you.

 

Grotesque,

 

The employer only has to have reasonable suspicion you committed an offence, stating what another employer will do is reasonable in a similar situation is stretching it a bit. The employer who has suspended you might be looking at a fundememtal breach of your contract of employment if dismissal results

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This is bizarre. This is like the local sweet shop contacting the headmaster of the local school complaining about pupils stealing.

 

This sounds more like a long running silly competition that has gone wrong. People have been going out in their lunch time, egging each other on to do something. Over a few weeks they have been in this particular store up to some Tomfoolery and eventually the store staff have got fed up with it. This is why they asked the person caught for the names of the people with her, as they are trying to get this nonsense to stop.

 

Whether this is correct or not, obviously you cannot admit. The girl who got caught, she should get legal advice. Perhaps she should say that she got into a conversation and forgot to get into the queue to pay for the item. She was not intending to steal. She should ask what CCTV the store have. As for the other people, they have done nothing wrong, they should ask for strict proof of any act they have been accused of which is illegal or would be considered misconduct by any employer. If this is not forthcoming, they should be provided with a relevant apology.

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Hi blondie

 

What's happening 'Next Wednesday'?

 

Will do

I'm hoping yo run it past the other innocent party and if she is in agreement we will either write to the store or phone them as ideally Web need the letter by next Wednesday. But thank you all so much for your help x

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Hi blonde

 

Ask them if they can postpone your Disciplinary Hearing as you are awaiting some important information in your defense and it would be unfair if that information was not available in time for your 'Disciplinary Hearing'. You need to write to the store concerned, send it Recorded Delivery.

You can show your company the RD slip.

 

Disciplinary hearing
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Grotesque,

 

The employer only has to have reasonable suspicion you committed an offence, stating what another employer will do is reasonable in a similar situation is stretching it a bit. The employer who has suspended you might be looking at a fundememtal breach of your contract of employment if dismissal results

 

The point is that a Tribunal will look at whether the disciplinary decision was reasonable in the sense of having been within a range of responses that a reasonable employer might make, not whether it was (proportionately) reasonable in and of itself.

 

Apologies if it was unclear.

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