Caught shoplifting ASDA

[apt93]

Hi,
I was wearing a jacket with the logos of the council I working for I been caught shoplifting, they called the police but they never arrived.
My question is that if they can report me to make me loss my job? as I been using the jacket with the logos, also I want to know if there is a limited time to they retained you and if they have the power to
not let you use the phone.
Thank you for you help

[Celestine]

Hi - Lucky the police did not arrive, there will not be any criminal action taken seemingly.
No, they should not contact your employer, this would apply whether you were wearing a logo'd jacket or not - however, undertaking criminal activity whilst in work uniform would 100% constitute gross misconduct. I think the problem you may have is that a security guard or staff member at a shop may feel that local authority employees should adhere to higher standards, I fear there would be little you could do to stop an anonymous tip off if someone felt minded.
In terms of your detention, this is a civil situation, you are held effectively 'on the threat of' police involvement. You could try to leave but things would probably escalate and police definitely become involved. I would expect the time held being deemed reasonable would depend on the circumstances, hanging around waiting for police to arrive would seem reasonable, not sure at all on the question about using the phone, hopefully one of our wiser members will know the answer to that.
Were you told to expect a letter from a civil recovery company?

[apt93]

Hi - Lucky the police did not arrive, there will not be any criminal action taken seemingly.
No, they should not contact your employer, this would apply whether you were wearing a logo'd jacket or not - however, undertaking criminal activity whilst in work uniform would 100% constitute gross misconduct. I think the problem you may have is that a security guard or staff member at a shop may feel that local authority employees should adhere to higher standards, I fear there would be little you could do to stop an anonymous tip off if someone felt minded.
In terms of your detention, this is a civil situation, you are held effectively 'on the threat of' police involvement. You could try to leave but things would probably escalate and police definitely become involved. I would expect the time held being deemed reasonable would depend on the circumstances, hanging around waiting for police to arrive would seem reasonable, not sure at all on the question about using the phone, hopefully one of our wiser members will know the answer to that.
Were you told to expect a letter from a civil recovery company?

Hi - Thank you so much for you answer, no they do not mention anything about that, but now I am struggling with my company I told them the situation happen but to be honest I do not accept that to them I was actually taking something without pay.
They are chasing me asking for a letter from the police were they said that I am not under investigation or something like that.
I told them I contact the police but they said they dont have to give me any letter to proof anything to my company, but they are keep asking me for this letter to let me back to work.
Do you have any suggestions?
Thank you

[Celestine]

Ok, first lesson here - you should not have discussed this with your employer.

I'm going to tag Ula because this is an employment law question primarily.

Given that there was no police involvement, you are trying to 'prove a negative' which is not ideal.

If Ula agrees, I would probably advise that you draft a semi-formal letter to your employer stating the bare facts of the incident, that police were not involved and that a warning was given as a civil matter. It was an oversight on your part, not a criminal act.

You also need to state that as it is impossible to acquire written proof from the police about an incident that did not involvement, that they must accept this written statement from you as final explanation of the incident and that they must allow you to return to work. If they refuse after that, the matter becomes pure employment law and the police issue becomes irrelevant.

[ULA]

Hi apt93 I agree with Celestine in how you should proceed. If the police did not arrive at the store and the security guards let you go then there is nothing for the police to write to your employer about.

Send them the letter as set out in #4 and see what response you get back from your employer. If you do have any further issues then just post back to this thread and tag Ula as it will be an employment issue.