Theft at work - dismissal.

[Mismatch19]

I took an item from work which was written off and sold it online. The value was £80 when sold. However the average value is between £50-£100. I was suspended and attended a post suspension meeting where I admitted to the offence. Offered to reimburse the employer and apologised. I will very likely face dismissal, therefore I’m going to hand in my resignation with immediate effect. There was mention of the police maybe being involved. What are the chances, I get arrest and sent to prison? I haven’t told anybody due to the sheer embarrassment. I’m going for genuine advice, rather than a lecture. I know I did something wrong and I have been kicking myself for two weeks.

[ULA]

I'm sorry you have got yourself in a pickle.

My view is that is really depends on the policy of the company in these matters. They may view that either them dismissing you or you agreeing to resign as a consequence is punishment enough. There are no set rules in these situations and it is entirely down to what the company decides to do.

It may be worth seeing if you can agree with the company your offer to reimburse the cost of the item and give the apology and see on that basis whether they will not involve the police. Theft is a dismissible offence in most companies so whether they will accept a resignation rather than dismiss you depends, if they deem it gross misconduct then they do have the right to not pay any notice period.

[des8]

Quote: What are the chances, I get arrest and sent to prison? unquote

Nil.
If reported to police (unlikely) you will be invited in to an interview (if that happens request attendance of duty solicitor which is free).
As this would be considered a low level crime (altho' with aggravating aspects) it would most probably be dealt with by a caution.

[Mismatch19]

I tried to resign with immediate effect and with notice but both were rejected. I’m pretty sure this is illegal. I have a hearing soon which they will put forward evidence to a panel of ‘judges’ for review. I’m really worried that they will sentence me and my family will be homeless since my other half won’t be able to cover the mortgage and bills.

[Mismatch19]

I have also been busy job searching and boltineering

[Mismatch19]

**** I have been also job searching and volunteering locally to keep my mind off the proceedings. *

I have a interview lined up for a contract role which they want me to start urgently. Do contract roles check references? If I’m asked about my previous role, I’ll be honest and say that I was fired.

[ULA]

I am not sure why if you have offered to resign with immediate effect, they have not accepted this since the position at common law is that a notice, once validly given, is effective and can neither be "refused" by the employer or "withdrawn" by the employee, without the other's agreement.

If you then tried to resign giving the appropriate notice, then my point as detailed above still stands. However, if the company had accepted your resignation with notice they would be entitled to continue the process, particularly if the likely finding is one of gross misconduct, since you can be summarily dismissed which means you would not work your notice, nor would you be paid for it. This would in effect supersede your resignation and the reason for the termination of your employment will be dismissed for gross misconduct, rather than resignation.

I wonder whether it is worth writing to them and informing the company that under common law they cannot refuse your resignation be it with immediate effect or with notice.

You have been doing the right by thing by looking for a new job. References are normally asked for when moving to a new job, so honesty is always the best policy in my view.

[Donel361]

I'm almost certain you wouldn't go to jail so rule that worry out. There are people committing far more heinous crimes who get suspended prison sentences. If they even took it that far as a prosecution, which isn't in the public interest as you are seeking to recompense and resign the worst would be a slap on the wrists and a minimal fine. I had a friend in a similar situation and the police weren't interested as they didn't report it immediately. Like you they banked it as a threat. Good luck, you will overcome this and life goes on. Try not to worry too much.

[Mismatch19]

Thank for the replies.

I received the minute notes yesterday and it seems like they did not accurately recorded the information I provided. I have the right to annotate the notes and sign it. Is the minute notes seen as a legal document in the eyes of the law once signed?

[ULA]

By signing the notes you will be confirming that you agree they are an accurate reflection of what was said at the meeting. If at a later date their is a question over what took place at the meeting the signed document would act as the authority as to what did take place.

So please read through it carefully, check any notes you took of the meeting and make any annotations you need to ensure that the document accurately reflects what took place. Make sure you get a copy of the notes with any amendments you make.