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  • Which forus should i be on

    Ive been suspended from work for theft so when i got home i resigned with immidiate effect what happens now
    Tags: None

  • #2
    Suspension is a neutral act, pending an investigation of the matter, by the employer.

    So, as you have resigned, you are entitled to any pay up to the date you resigned.

    As you have resigned, and suspension being a neutral act, you would probably be unable to claim for wrongful or unfair dismissal.


    As you have resigned the employer's investigation is over, insofar as applies to you, but the employer is perfectly entitled report the theft to the police.

    Do you deny that you were responsible for the theft?
    Last edited by efpom; 16th September 2019, 14:39:PM.

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    • #3
      I did not deny or or admit to anything i have no idea to what amount im alledged to of taken. I could tell my interviewer that they had alrwady made up there mind and were just going through the procedures. I know they will go the police what happens next how long until the police arrest me im a single mum

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      • #4
        I cannot answer your question about how long it will be until the police turn up to arrest you - nobody can.
        IF you are arrested on SUSPICION of theft, then my advice on being asked if you understand the caution, is to reply that you understand the words but not the legal implications, and request access to the duty solicitor. Answer no further questions until you have received advice from the duty solicitor.
        Following your arrest, you can be held for up to 24 hours at the police station, during which time the police must charge you with the offence, or release you. If you are charged, you can be held to appear in court. If you are not charged, you may be, and probably will be, released on police bail.
        What amount of money is it asserted has gone missing?

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        • #5
          I may be wrong but I do not think resignation is necessarily the end of this. The company may refuse your resignation and continue with the disciplinary meaning, if they find against you you will be dismissed.

          As said, if you are arrested ask to see the duty solicitor, if you know you are going to be arrested then look around for a good firm and see if they will represent you on legal aid,and then ask for them by name.

          If the police try to offer you a caution to get it all over and done with, think long and hard and take legal advice because if the company then uncover more losses it will show as you already having a caution i.e a history. No one will be interested in the fact it was the same 'offence'.

          There are some experienced employment people on here but not sure who they are , maybe Ula or Peridot so do a search and see

          Just searched and yes it is Ula

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          • #6
            It is most unlikely that the police (if informed) will arrest you.
            The usual approach is to invite you to attend for an interview under caution.
            Do not decline that invitation, but accept only on condition that your solicitor attends and at a convenient date and time.
            If you can't afford your own solicitor request the duty solicitor attends.
            as efpom answer no questions and volunteer no information until your solicitor is present and has advised you
            This is your right and is for your own good.
            Do not be swayed by any police officer who suggests that it is only for a chat and if you tell them what has happened it will all be ok.... they are not your friends on this occasion

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            • #7
              If the employee believed and was entitled to believe that the process leading to her suspension was a charade, - I could tell my interviewer that they had alrwady made up there mind then the employee is quite entitled to resign, "on the spot" as the implied term of trust and confidence has been irretrievably breached.

              Whether the employer is, nevertheless entitled to refuse to accept the resignation, treat the employee as being still employed by it, and continuing it's investigation does depend on whether the process leading to the suspension was lawful, or not.

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              • #8
                Is there anything i can do at this stage to help not going to court could i offer to repay the discrepencies

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                • #9
                  Are you admitting theft, or just suggesting this in order to avoid a possible court charge because it scares you?

                  Have you any idea of the amounts involved?

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                  • #10
                    I dont know amount im not admitting theft possible court scares me to death going to prison when i have a little girl ive made errors on till but no theft but i cant explain discrepancies

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                    • #11
                      So, the facts, such as they are, is that you were employed to work on a till, an unknown amount was asserted to be missing and, you say, the investigation was a charade and biased against you - guilty until proven innocent - so you resigned because of that perceived bias.

                      Questions? Did your employer say outright that it believed you had stolen money from it? How long had you worked for the firm?

                      If you were the only person on the till, counted your float at the start, and cashed up at the end, it's either an error or theft. There would have to be some evidence of theft, rather than error before the police will investigate - they do not work for the employer, If there is no evidence of theft it is very unlikely that the police will become involved.

                      How was your track record on till accuracy before this?
                      Have you been convicted in the past for an offence to do with money?

                      if the answers to the above is "Good" and "No", I think you are very very unlikely to hear from the police.

                      Comment


                      • #12
                        Ive not been accused of theft before but i was the manager and i have also identified other staff for theft and they have been dismissed. I admit that i have made the same error stupidly i cant even begin to say why. Really struging my husband in australia for last month. My dad battling cancer and i have a young daughter im responsible for. If it could change things i would but ive made a mistake which is killing me. I have had a good career i have just blown good character which i have lost. My family husband and friend will all abandon me what will happen to me and my daugther what if i go to prison im desperate

                        Comment


                        • #13
                          Will they make an example out of me because im the manager and identified someone else for theft then go and make the same mistakes the other member of staff stole 64000 and got 1 year in prison the figure im accused of is between 3-500 how long will i go to prison for

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                          • #14
                            It is easy for me to say 'calm down' I won't, but you do need to try to stop your mind from running out of control.

                            If you are convicted, and that's a big if, the reality is that a person who is of previously good character is extremely unlikely to be imprisoned for stealing 500.

                            My advice is as follows:
                            First see your doctor - you will be no use to yourself and those that depend on you, if you have a nervous breakdown. Doctors are trained to be completely non judgmental.
                            Second, when you have regained some control over your thoughts, make an appointment to see a solicitor, who are also trained to be non judgmental.

                            Good luck!

                            Comment


                            • #15
                              I endorse completely everything that efpom has said.

                              Firstly a mistake is not theft, and your employer will need to have reason to report to the police.
                              If the police are involved they will invite you to an interview under caution which you attend with a solicitor.

                              Theft offences of up to 500 are in the lowest category of offences, and would very rarely attract a custodial sentence.
                              Also taking into account you have a daughter to care for, even if found guilty the chances of prison are extremely remote.

                              Why should your family, husband and friends abandon you?
                              Are they so shallow they can't admit to making errors themselves?
                              I doubt it .... if they are true family, husband and friends they will support you in your hour of need.
                              Last edited by des8; 17th September 2019, 18:08:PM.

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