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Jo C.
Jo C., Barrister
Category: UK Employment Law
Satisfied Customers: 69783
Experience:  Over 5 years in practice.
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Ben. I work at a footbal stadium. My till was down 24

Customer Question

Hello Ben. I work at a footbal stadium. My till was down 24 pounds and after getting searched the security guard found 1 pound and 60 pence on me.
Submitted: 11 months ago.
Category: UK Employment Law
Expert:  Ben Jones replied 11 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How can I help you with this?
Customer: replied 11 months ago.
I work at a footbal stadium. My till was down 24 pounds and after getting searched the security guard found 1 pound and 60 pence worth of CHANGE on me.
Customer: replied 11 months ago.
I had the money in a travell pouch which I forgot to leave in the area designed for storing personal bellongings.
Expert:  Ben Jones replied 11 months ago.
OK and what has happened since - have they taken any action against you? Also was there a specific policy requiring you to leave any belongings or money before tarting work?
Customer: replied 11 months ago.
This happened today...they just told me to leave straight away.Yes this policy was in place,but they never sent me doing tills before,I usualy pulled drinks and no one really cared what I had on me. The security guard also told me since they only found small change (1.60) and that the till was down by 24 they won't put the cuffs on me.
Expert:  Ben Jones replied 11 months ago.
How long have you worked there for?
Customer: replied 11 months ago.
I work with an agency...I don't work there on a regular bassis. I don't think I worked more than 20 shifts for them.
Expert:  Ben Jones replied 11 months ago.
ok and to clarify what are your questions about this so I can direct my response more appropriately?
Customer: replied 11 months ago.
To what legal risks am I expossed if they decided to call the police and tell them about this event.
Expert:  Ben Jones replied 11 months ago.
ok this is more of a criminal matter rather than an employment one so let me ass it on to a criminal lawyer colleague of mine. No need to reply to this thanks
Customer: replied 11 months ago.
When will I get response from your colleague?
Expert:  Ben Jones replied 11 months ago.
Shortly, I think she is online
Customer: replied 11 months ago.
Will I have to pay a fee again to be able to talk to her?
Expert:  Ben Jones replied 11 months ago.
No you do not but please do not reply in the meantime because it will lock the question back to me
Expert:  Jo C. replied 11 months ago.
That would be me! Where did the £1.60 come from?
Customer: replied 11 months ago.
I had it on my person before going to work.I didn't know it was there. The money was mine,but they took it because the till was so low.
Expert:  Jo C. replied 11 months ago.
Surely that was the wrong denomination to be taken from the till anyway?
Customer: replied 11 months ago.
The till was down by 24 pounds.
Expert:  Jo C. replied 11 months ago.
In what denominations ? Do you know?
Customer: replied 11 months ago.
What do you mean?
Customer: replied 11 months ago.
I don't have any ideea what so ever how the till got down by 24 pounds. All I know is that one security guard searched me and found 1.60 pounds worth of change (3 50 pence coins,6 1 pence coins and 4 2 pence coins) in my travell pouch,which I forgot to take off after starting work.
Customer: replied 11 months ago.
I don't know what coins/notes were missing from the till. And neither does the footbal stadium for whom I worked.
Expert:  Jo C. replied 11 months ago.
It seems to me that having £1.60 on you is not really any evidence at all that you had stolen £24. Even if the denominations were exactly the same, £24 is not £1.60. What are they saying you did with the remaining £22.40? Where would you have had chance to dispose of it?Unless they have some evidence of this theft there is no case to answer.I don't know whether or not they have a rule that you are to have no cash on you whilst at work. That is fine and you might be in breach of that rule. But it is not evidence of a theft of £24 that you had £1.60 on you.Can I clarify anything for you?Jo
Customer: replied 11 months ago.
Yes they have a "no cash on you rule" and the security claimed that if I had 5 or 10 pounds on me they would have "put the cuffs on me" and let the police sort it out. What I want to know is if I can get out of this situation without having a police reccord.
Customer: replied 11 months ago.
And without having legal problems,obviously.
Expert:  Jo C. replied 11 months ago.
They may have that rule and they can sack you if they want to.The fact that you had £1.60 on you still doesnt prove you stole £24.
Customer: replied 11 months ago.
I worked at that footbal stadium via an agency...I am not directly employed to that footbal stadium. Even so if I were to get sacked from that agency it would not be a major issue for me - they were getting me very little shifts to begin with. My concern was the fact that I did not want to get a record or a police file with my name and face on it. I am planning to go self-employed as an iterpretor and I need my slate to be clean.
Customer: replied 11 months ago.
Any chances of my slate staying clean,legaly speaking?
Expert:  Jo C. replied 11 months ago.
They can make a report if they want to and the police will investigate but unless they have more evidence this does not prove a theft.
Customer: replied 11 months ago.
If they do inform the police, would that mean that I will be unable to work as a self employed interpetor for BILCS (a branch of the NHS). To work for BILCS and NHS, I must be deemed trust worthy to work with vulnerable people such as cancer patients and their family members.
Expert:  Jo C. replied 11 months ago.
The fact of the allegation will show on enhanced level DBS checking but it should be written in a way that reveals it had no merit.
Customer: replied 11 months ago.
So it will not have an impact on my employability with BILCS/NHS? A yes or no answer would make it easier for me to understand my position, because english isn't my mother tounge.
Expert:  Jo C. replied 11 months ago.
It isn't really possible to give you a yes or no answer.yes, it will show on enhanced check DBS.But it will be written in a way that reveals it was not proven.