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Jo C.
Jo C., Barrister
Category: UK Law
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Experience:  Over 5 years in practice.
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Hi There, I was wondering if you could help, My sister was

Resolved Question:

Hi There, I was wondering if you could help,

My sister was caught taking money from work and was given a simple caution that she signed and recieved all the paperwork.

She was supsended and dismissed from work on gross misconduct but in the letter she has recieved from work they have asked her to pay the money back otherwise they have said that they will press charges against her.

my question is she recieved a simple caution for the offence, can the employer now press further charges against her other than civil action.

He mentions in his letter that as he originally decided not to press charges and that the police said they would have to issue a simple caution but he if he doesnt recieve any payment he will contact the police.

Thanks
Jonathan
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

Just to clarify, did the employer initially refuse to press charges?
Customer: replied 1 year ago.

Hi There,


Yes they refused to press charges initially but the police were called and she went to the police station voluntarily but the police said that they would have to give her a simple caution she was later arrested and given a simple caution as she admitted to the offence. They now say unless she enters into an arrangement to pay that they will contact the police to press charges

Expert:  Jo C. replied 1 year ago.
Thank you.

They cannot do that. If she has been cautioned then the matter is at an end. They cannot revive the charges.

What they can do, of course, is sue at the civil courts and rely upon the caution as evidence but that will not lead to penal consequences for her.

Can I clarify anything for you?

Jo
Customer: replied 1 year ago.

Thats great thanks,


 


The employer in their summary dismisal letter worded the below closing statment, how should we respond if any.


 


 


"As you are aware the Police strongly advised your employer to prosecute. Failure to re pay the monies owed will leave no Mr boyle (Owner) no option other than to consider this course of action. therefore it is imperative that you supply your re-payment proposals as a matter of urgency"


 


many thanks for your help


 

Expert:  Jo C. replied 1 year ago.
Well, it depends what you want to achieve.

They can always sue at the civil courts and there's no way around that.

But if she has been cautioned then they cannot make the police charge her.
Customer: replied 1 year ago.
Thanks that's great,one final thing would you recommend responding to the letter as they have asked for her to give them the following info.

Start date of a payment arrangement
Payment type I.e standing order

They have not listed a total amount to pay and the police caution amount listed is unknow.

Thanks

Expert:  Jo C. replied 1 year ago.
Is she not willing to repay it?
Customer: replied 1 year ago.
Not that's she isn't willing to pay but she doesn't even know the amount over time and the police or employer doesn't know the total amount as they have made an assumption
Expert:  Jo C. replied 1 year ago.
She could challenge that. Ultimately she could refuse to pay at all. The question is whether there is any point because they can sue her
Jo C., Barrister
Category: UK Law
Satisfied Customers: 65244
Experience: Over 5 years in practice.
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Jo C.
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