Self Service Tills

[yoshie]

Unfortunately, an employer only has to have 'reasonable belief' that the indiscretion was committed, there is no need to prove it.

What happened was that a customer forgot to take their cashback, my friend took it and put it in a 'safe place' to wait for the customer to return for it. They forgot about it and left to go home. Three days later, they were accused of stealing it, they went back to where the money had been left; but it had fallen through a hole, they looked under the desk and found the money. It was handed back, but as there was a different from normal £10 note in the bundle, my friend was sacked for stealing it and replacing it later. We need to prove that the errant £10 note could have been given out as cashback. The company says it could happen, but on 'very, very, rare occasions.

Andy not knowing the people involved this is merely an impartial observation from someone well versed in code of conduct issues and fact finding investigation.
The above description of events will be a hard sell to any adjudicator. The other side of that particular coin is they tucked it away to see if it would noticed before having it away.
Then a school boy error of replacing with the wrong type of note when the heat was on.

It is crucial you get solid evidence to explain the stray note or I am afraid you are spot on. Balance of probability will ensure the dismissal.

[shokenore]

Whether any money went missing on not may be hard to prove, or if the employer suspects that some foul play has occurred, intentional or otherwise again will be hard to prove. However if the employer can show the employee has not followed correct procedures, then the employee will have to answer to this.

[Albannach]

It's not possible to 'prove' anything either way, as the employer needs no proof; summary dismissal was the outcome. It's the employee who has to prove they didn't do it, the employer doesn't need to prove anything.

[KERRSURF]

Industrial Tribunal is worth a go.

[shokenore]

It's not possible to 'prove' anything either way, as the employer needs no proof; summary dismissal was the outcome. It's the employee who has to prove they didn't do it, the employer doesn't need to prove anything.

Summary dismissal seems to be very harsh.
Especially as you say the employee was acting with the customers best interests.
I would disagree with your comment about the employer not having to prove any wrong doing, surely the employer must have some evidence to back up the claims, if not anyone they didn't like would be out the door?
I would say if this is the only issue that the employee has grounds to have this ruling overturned at the very least.

[Albannach]

I would disagree with your comment about the employer not having to prove any wrong doing, surely the employer must have some evidence to back up the claims, if not anyone they didn't like would be out the door?
I would say if this is the only issue that the employee has grounds to have this ruling overturned at the very least.

The employer's case revolves around another employee saying he was suspicious, the alleged erroneous £10 note and the fact that it was my friend that found the money.

There will be an appeal.