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HR buddies

The Covent Garden HR Buddies is an initiative facilitated by Clarkslegal to offer the London HR community the opportunity to meet with like-minded peers, attend relevant seminars and workshops and boost your knowhow of the issues specific to this sector.
 
It’s free and open to anyone interested in HR. It sets its own agenda, so it can be purely social or facilitate presentations to help prevent HR problems for companies in the London area. So if you want to network face to face contact
buddy@clarkslegal.comClick here for further details about our next HR Buddies event.  

If, alternatively, you wish to network online with other HR professionals, then using the discussion forum below, is your ideal opportunity to do so.

Please feel free to post new queries or questions, and/or reply to ones already posted. All you have to do is register a few details, then you will be ready to post your thoughts.

You can post a new query by selecting the tab "new thread". To reply to a post, select that post and then choose the "reply" tab.

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  Discussions  Buddy's question time  Employee steali...
 Employee stealing money
 
creynolds
115 posts
5th
Joined
12/12/2006

Employee stealing money
Posted: 28 Aug 07 5:01 PM

This week buddy was asked:  I suspect one of my employees is stealing money from my business. Can I take the missing amount directly from her wages to cover this?

creynolds
115 posts
5th
Joined
12/12/2006

Re: Employee stealing money
Posted: 03 Sep 07 11:03 AM

Buddy says:  Firstly, investigations to find out how and why money has gone missing should be carried out.  Wrongfully accusing a employee of theft, or deducting money from wages when your suspicions are unfounded could have detrimental effects on the employment relationship and could even lead to that employee resigning and claiming constructive unfair dismissal.   

 

Even if you can prove that money was stolen from the business, it is unlawful to make a deduction from a worker’s wages unless the deduction is required or authorised by either statute or a provision in the Workers contract, or unless the Worker has given their prior written consent to the deduction. Therefore the workers contract (or a subsequent consent from her) must give you the right to deduct such sums from her wages. 

 

If it turns out that money has been stolen from the business, disciplinary action against that employee should be considered.

 

Employer information:  If a deduction is made with the worker’s prior written consent, this consent must have been given prior to the event giving rise to the deduction, not just prior to the deduction itself. Therefore you cannot obtain consent now and deduct money that has gone missing in the past. Also, only actual deductions from wages can give rise to a unlawful deduction from wages claim. The threat of a deduction alone is not enough.

If an Employer attempts to recover payments in breach of the provisions for unlawful deductions from wages, contained in sections 13 – 27 of the Employment Rights Act 1996, then they risk losing the right to recover the sum at all.  Therefore, as an employer, if you anticipate needing to recover sums from Worker’s in certain circumstances it is best to have a clause inserted into the contract of employment, and also have the Worker sign a written permission before making the payment.

 

NB: If the Worker is employed in “Retail Employment” then special provisions apply. Retail Employment is defined as the sale or supply of goods, or the supply of services directly to members of the public; or, the collection of amounts payable in connection with such retail transactions carried out by other persons directly with members of the public. This latter definition includes cashiers and till operators. For workers in Retail Employment further measures, detained in s.13(1) and (2) of the Employment Rights Act 1996 are in place to protect them from deductions in wages due to cash or stock deficiency.
  Discussions  Buddy's question time  Employee steali...
 
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