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I used to work around 5 months ago for a major retailer in Scotland as an online shopping customer delivery driver. I did load close-to-expiration date products being stored in the back room, which would have otherwise expired due to staff shortages and horrible workload management at the time in the store, and although this does not legitimize theft, I do not feel morally wrong for doing so. I am now here to seek some sort of advice on the legal aspect of it.
One day I was called in by an internal investigator for an investigation meeting, which I did not agree to participate in since my union representative could not be present. I was told that they have allegations of theft (an unknown, never specified amount) and fraud (fraud was meant for taking unauthorized breaks at a home address between deliveries, which these unauthorized breaks they claimed totaled around 360£, which despite being a very specific amount, never get mentioned again in the story). I did not recognize any of these allegations, and we agreed on a postponed investigation meeting appointment. They investigated without me present and sent me recorded mail copies of minutes taken on this meeting conducted, in which they claimed to have footage of me worded: "taking trays out of the van at his home address, and taking it into his home and returning with empty trays" for a total of 4 instances mentioned on the document. There was zero mention of specific items/products that they alleged of me taking. The representative postponed all of these appointments and was suspended pay for around 4 weeks until I formally resigned, I did find another job.
After I finished my employment with them, around a month later I received an unrecorded second class letter from DWF claiming 561£ for the "value of stolen goods" and 878£ for the "cost of your detection and apprehension", totaling 1439£. I received 2 more letters mentioning this amount, but no evidence whatsoever attached to it.
I contacted the union representative, who connected me to their solicitor, but the solicitor denied helping me in the case, saying "we do not advise on criminal matters and as there is not a case arising from employment, we are unable to assist you in your case. I have been told to pass on a recommendation that you find out if there are ongoing criminal investigations and to try and set up a payment plan of some sort for the fines being levied against you."
So now I am back to the union representative and his personal opinion, and now you guys.
My problem with this is that the amount we are talking about has never totaled to this value/quantity and I am being taken advantage of in a way now. I just want to be done with this company, I have no business with them.
1. How likely is it that they reported this to the police? By speaking to the union representative, his brief opinion was it was unlikely to be reported. Is it not likely that if this had been reported, I would have been already in touch with the authorities in the last 2-3 months since I do not officially work there anymore?
2. How would they prove what items and corresponding barcodes were allegedly stolen? These items were not officially in my assigned job driving route (run), therefore not taken from someone else`s order, but rather random long-forgotten back chiller returns even a week before. Although I have not seen the footage myself, I doubt the contents of the trays would be visible on them.
3. "cost of detection and apprehension" Are these legitimate costs that could be enforced? How do they account for these?
4. Is it advisable to respond to these letters at all or, if they want to chase a simple procedure, wait for that?
5. How serious is a letter of this format, without any evidence of this balance, and being unrecorded second-class letters dropped in?
6. I do not live at the address to which they are sending these DWF letters, currently, my ex-flatmate informs me of receiving these. Although they do not know what these letters include, I do not necessarily want to bring harm to them if sheriffs would come looking for me or something.
7. Just in general, what would you do in such a situation as this?
I appreciate your help and thoughts, and I do feel ashamed of my actions, but I do not want to be taken advantage of simply because I feel they are trying.
One day I was called in by an internal investigator for an investigation meeting, which I did not agree to participate in since my union representative could not be present. I was told that they have allegations of theft (an unknown, never specified amount) and fraud (fraud was meant for taking unauthorized breaks at a home address between deliveries, which these unauthorized breaks they claimed totaled around 360£, which despite being a very specific amount, never get mentioned again in the story). I did not recognize any of these allegations, and we agreed on a postponed investigation meeting appointment. They investigated without me present and sent me recorded mail copies of minutes taken on this meeting conducted, in which they claimed to have footage of me worded: "taking trays out of the van at his home address, and taking it into his home and returning with empty trays" for a total of 4 instances mentioned on the document. There was zero mention of specific items/products that they alleged of me taking. The representative postponed all of these appointments and was suspended pay for around 4 weeks until I formally resigned, I did find another job.
After I finished my employment with them, around a month later I received an unrecorded second class letter from DWF claiming 561£ for the "value of stolen goods" and 878£ for the "cost of your detection and apprehension", totaling 1439£. I received 2 more letters mentioning this amount, but no evidence whatsoever attached to it.
I contacted the union representative, who connected me to their solicitor, but the solicitor denied helping me in the case, saying "we do not advise on criminal matters and as there is not a case arising from employment, we are unable to assist you in your case. I have been told to pass on a recommendation that you find out if there are ongoing criminal investigations and to try and set up a payment plan of some sort for the fines being levied against you."
So now I am back to the union representative and his personal opinion, and now you guys.
My problem with this is that the amount we are talking about has never totaled to this value/quantity and I am being taken advantage of in a way now. I just want to be done with this company, I have no business with them.
1. How likely is it that they reported this to the police? By speaking to the union representative, his brief opinion was it was unlikely to be reported. Is it not likely that if this had been reported, I would have been already in touch with the authorities in the last 2-3 months since I do not officially work there anymore?
2. How would they prove what items and corresponding barcodes were allegedly stolen? These items were not officially in my assigned job driving route (run), therefore not taken from someone else`s order, but rather random long-forgotten back chiller returns even a week before. Although I have not seen the footage myself, I doubt the contents of the trays would be visible on them.
3. "cost of detection and apprehension" Are these legitimate costs that could be enforced? How do they account for these?
4. Is it advisable to respond to these letters at all or, if they want to chase a simple procedure, wait for that?
5. How serious is a letter of this format, without any evidence of this balance, and being unrecorded second-class letters dropped in?
6. I do not live at the address to which they are sending these DWF letters, currently, my ex-flatmate informs me of receiving these. Although they do not know what these letters include, I do not necessarily want to bring harm to them if sheriffs would come looking for me or something.
7. Just in general, what would you do in such a situation as this?
I appreciate your help and thoughts, and I do feel ashamed of my actions, but I do not want to be taken advantage of simply because I feel they are trying.
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