Cleaning companies
and people involved in office
cleaning and cleaning companies in London
will tell you most employees are honest and accusations often laid
at the feet of cleaners turn out to be unfounded and incorrect, but
what happens if your cleaners are accused of theft?
Almost every employer in the country would list ‘theft’ under their disciplinary rules as an example of gross misconduct, entitling them to terminate the employment relationship immediately, without notice, due to the severity of the act.
The line where petty theft becomes serious crime is often blurred and leaves employers unsure as to how they should tackle the issue. Is the theft of £400 in cash whilst on the way to the bank, the same as taking a box of pens from the stationery cupboard? In these tough economic times, staff simply pocketing post-it-notes can build up to a far larger issue which eats into the company’s profits and cannot be ignored.
But what would a tribunal make of a gross misconduct dismissal because an employee took a notepad out of the stationery cupboard at work? Would they look at that case differently to theft of a laptop from the IT department? Whilst the theft of a notepad would constitute gross misconduct, if ‘theft’ was included in the disciplinary rules of a company, tribunals are bound to taking many factors into consideration when asked to determine whether an instant dismissal for theft was fair in the circumstances. One of these factors is whether the response of the employer is considered reasonable.
Is it reasonable for an employer to think that taking a notepad home from the stationery cupboard destroys the employment relationship? It probably wouldn’t be if the employee has worked for the company for a long period and has a previously clear disciplinary record. It might be a different story if the employee is very new and has been helping themselves to bits and pieces. Varying disciplinary sanctions are available to an employer and a suitable one should be found to fit with the severity of the allegation.
It is important to remember that an employer does not need definite proof that the employee stole something. Whilst it certainly helps as evidence, an employer need only have reasonable belief that the employee committed an act of theft. In this situation, procedure should be followed and a thorough investigation carried out. Many tribunal cases fall - even where the employer does have reasonable belief - because a sufficiently thorough procedure was not carried out. Employees should be reminded of their right to be accompanied to a disciplinary hearing, and should always be given the opportunity to appeal any sanction.
It is important for an employer to show consistency in their regulations towards theft. Disciplining, or even dismissing an employee for theft, but then taking no action in relation to another employee who acts in the same way, would not stand an employer in good stead.
Almost every employer in the country would list ‘theft’ under their disciplinary rules as an example of gross misconduct, entitling them to terminate the employment relationship immediately, without notice, due to the severity of the act.
The line where petty theft becomes serious crime is often blurred and leaves employers unsure as to how they should tackle the issue. Is the theft of £400 in cash whilst on the way to the bank, the same as taking a box of pens from the stationery cupboard? In these tough economic times, staff simply pocketing post-it-notes can build up to a far larger issue which eats into the company’s profits and cannot be ignored.
But what would a tribunal make of a gross misconduct dismissal because an employee took a notepad out of the stationery cupboard at work? Would they look at that case differently to theft of a laptop from the IT department? Whilst the theft of a notepad would constitute gross misconduct, if ‘theft’ was included in the disciplinary rules of a company, tribunals are bound to taking many factors into consideration when asked to determine whether an instant dismissal for theft was fair in the circumstances. One of these factors is whether the response of the employer is considered reasonable.
Is it reasonable for an employer to think that taking a notepad home from the stationery cupboard destroys the employment relationship? It probably wouldn’t be if the employee has worked for the company for a long period and has a previously clear disciplinary record. It might be a different story if the employee is very new and has been helping themselves to bits and pieces. Varying disciplinary sanctions are available to an employer and a suitable one should be found to fit with the severity of the allegation.
It is important to remember that an employer does not need definite proof that the employee stole something. Whilst it certainly helps as evidence, an employer need only have reasonable belief that the employee committed an act of theft. In this situation, procedure should be followed and a thorough investigation carried out. Many tribunal cases fall - even where the employer does have reasonable belief - because a sufficiently thorough procedure was not carried out. Employees should be reminded of their right to be accompanied to a disciplinary hearing, and should always be given the opportunity to appeal any sanction.
It is important for an employer to show consistency in their regulations towards theft. Disciplining, or even dismissing an employee for theft, but then taking no action in relation to another employee who acts in the same way, would not stand an employer in good stead.
ICS Cleaning are an office cleaning company in the UK, we use independent health and safety consultants to ensure we are up to date with current legislation : we invest a great deal in selecting the right staff, ensuring they have excellent ongoing training and support, meaning we can deliver excellent cleaning standards day in day out and remain one of the UK's leading cleaning companies
- www.ics-online.co.uk
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