Theft in the workplace can have serious consequences for the business and it’s employees. If you’re caught stealing at work it can lead to disciplinary action, dismissal, or criminal proceedings in serious cases.
The definition of theft can go beyond physical items, and being caught stealing at work, or even being accused of it can have serious consequences.
It’s important to be aware of the legal and employment consequences of theft allegations. If you’ve been accused, our guide will help you understand what will happen and how you can deal with it.
What’s Theft at Work?
Theft at work can be defined as any use of an employers assets without their consent. That can include items like money, office supplies, or company data and intellectual property.
Some situations are very clearly theft, but others can be a little less obvious and employees may underestimate the seriousness of their conduct.
Theft at work includes:-
- Physically stealing items from the workplace. Such items can include equipment, stock, other employees’ possessions or items from the shop or office floor.
- Taking money from the till, petty cash or other work related finances. Money related theft can take various forms and can happen over a prolonged period.
- Data theft – this can happen when an employee steals company data like client contact information, or data about other company employees. Taking price lists and business strategy information can also be considered data theft.
- Time theft. This happens when staff are paid for hours they didn’t work. This can include adding extra time on timesheets, declaring extra hours during remote work, or taking breaks they aren’t entitled to.
- Misuse of company resources – situations such as unauthorised use of company vehicles, computers, or tools for personal reasons can be considered theft by some businesses.
When an employer suspects an employee of theft in the workplace, this can have serious consequences.
Is Stealing a Sackable Offence?
Stealing is usually treated as gross misconduct in the workplace and can be a sackable offence depending on the seriousness of the conduct.
There must be a disciplinary meeting before dismissal occurs. Employers must ensure they follow the ACAS code of practice when taking disciplinary action over an accusation of workplace theft. The evidence against the employee should be solid and the employer must have good reason to consider the conduct sufficiently serious to dismiss them.
Employees have the right to submit evidence in their defence and should be given a fair hearing. No one should be dismissed on the spot without proper disciplinary procedures taking place.
Further Reading: ACAS Code of Practise on Disciplinary & Grievance Procedures.
See Also: Been Accused of Gross Misconduct? | What are the 5 Fair Reasons for Dismissal?
Can The Police Get Involved?
There can be scenarios where the police become involved in workplace theft and conduct a criminal investigation.
The crime would need to be a serious one involving a lot of money or stolen goods. In many cases, the issue will be dealt with between the employer and staff.
What to Do if You’re Caught Stealing at Work
Being caught stealing at work is very serious and in many cases will result in dismissal. However, even in such a serious situation, you have rights. You should find and read the employee handbook which should contain the code of conduct.
There may be an employee theft policy which you can read. This will outline how such matters will be dealt with. When such a policy doesn’t exist, employees should refer to ACAS and their code of practice.
Try to remain calm if you’ve been caught stealing. When theft happens at work, there are often underlying reasons such as financial problems or other stressful circumstances.
Sometimes showing your employer the bigger picture opens up a different perspective, particularly if it is a minor theft or you were not aware of engaging in wrongdoing. Being open and honest might help make your employer see things a bit differently.
What Will Happen?
What will happen after being caught stealing will depend on the seriousness of the situation. The Theft Act of 1968 outlines what constitutes theft. This will be something an employer would consider when deciding how to approach things.
Alternatively, the theft would be dealt with by your employer’s internal disciplinary process.
Disciplinary Proceedings
Even with undeniable evidence, the employee caught stealing should be given a fair disciplinary process. They should not be fired on the spot even if that will be the result. A disciplinary meeting should take place.
If the employer needs time to thoroughly investigate an employee for stealing, they may be suspended pending an investigation.
This gives the employer time to gather evidence such as CCTV footage or witness accounts. It also provides the member of staff with time to put together their side of the story. The disciplinary process is essential to ensure dismissal has been carried out lawfully if the employee has been with the business for more than two years.
Employees with less than two years service may find themselves dismissed without notice. In cases of gross misconduct, the employer is not required to pay any notice pay.
Criminal Proceedings
In situations where the theft was serious, it may become a police investigation. This happens when the employer or colleague affected, decides to involve the police. In this case, any questioning will take place at the police station.
You may be asked to go in and attend a voluntary interview or, if the crime is serious, you might be arrested. You have the right to a legal representative and should seek legal advice wherever else is possible. Once it becomes a criminal investigation, you are innocent until proven guilty.
You may be suspended on full pay pending the police investigation. The result of the investigation will determine how your employer proceeds with your contract.
However, if a theft incident has become a police matter, it is very unlikely you will keep your job.
Can You Go to Jail for Stealing From Work?
Going to jail due to stealing from work can happen but the theft would have to be serious enough to warrant a custodial sentence.
Generally speaking, theft that comes in at under £500 is dealt with by charging and issuing a community order or fine. Theft of anything valued at more than £500 could result in jail time ranging from 36 weeks to 7 years, depending on the crime.
Sometimes there will be extenuating circumstances and no charges will be brought. It is unlikely however, that you will continue with the employer as a breakdown of trust has occurred.
What If You’ve Been Falsely Accused?
It might be that you have found yourself in the position of being falsely accused of theft at work. If this is the case, it is important to understand your rights to a fair disciplinary process.
You should ensure your employer follows a professional process when dealing with the suspected theft. This involves informing you that there will be a disciplinary meeting and letting you know how it works. You are allowed to take someone with you for support and should be aware of the evidence against you. This gives you time to put your version of events across fairly and without any nasty shocks.
If you are wrongly found to be found responsible for theft and are sacked, you can seek legal advice. This might be enough to get your employer to reconsider or you may need to take it to an employment tribunal and seek compensation on the grounds of unfair dismissal.
