Friday, February 17, 2012

i worked for a fashion company and was told I get free things in the sample sale but these new guy tried telling me all the expensive stuff I have is stolen so im waiting to see if they will charge me..im the escape goat!!|||Theft like most crimes is split into two parts:
1. Mental State
2. Physical Act

With mental state we mean your intention. Theft (Theft Act 1968) requires a person to knowingly be dishonest.

With physical act we mean that the object (clothes) was taken and not returned at a later date.

From your question you state that you were told that it was ok to take the clothes in question. You need to ensure that you can recall who it was who told you that. It is important whether the information was from a credible source. If it was general gossip from the canteen then that is not likely to be considered reliable. If it was from *your* supervisor / manager / HR then that would be considered reliable.
If you have this information from a reliable source, or it is in writing such as part of your employment contract then theft has not occurred as you acted honestly.

If you cannot prove the above then take the clothes back as Theft requires the taking to be permanent. TWOK (Taking without consent) is usually applied to joyriders but could be applicable.

I assume you no longer work for the fashion house. I would also assume they are strying to stop the practice by making you a scapegoat. This is very unfortunate. I would suggest speaking to a solicitor or the citizens advice bureau.
www.citizensadvice.org.uk/
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

From the 9 Dec 2008 the sentencing guidelines are:
Fine - Impulse Theft (aggravated if from a small enterprise)
Community Sentence - Persistent petty theft
Custodial Sentence - Theft from the vulnerable (higher if above 拢2,000)|||Theft is theft, but depending on what reasons were given, different sentences will be given. For example, based on recent convictions, theft for drugs purposes would likely incur some rehab and suspended sentencing. Stealing for profit is likely to incur a little more harsh sentence. Finally, stealing to put food on the table at home would likely fetch the most severe sentence.|||Well you'lll definitely lose your job - the rest is up to the courts.

After what you just added I would put down in writing what you have told us, then bring the items back to work if you can.
If you show that you are not hiding anything and that this was a misunderstanding I would not sack you or class this as stealing.
In fact you could probably take them to court if they dismiss you for this reason. If you have anyone who heard them say about the free stuff then get them to back you up in a meeting with your boss.
As long as you returned the items as soon as you found out there should be no problem. I would also question why this new guy is stirring up something that happened before he worked there - he wasn't there. Just be open and honest and approach your boss and there will be no problem.
Also ask them to deduct from your wages if there are items not able to bring back. Your honesty should get a good response.|||Quite harsh - employee theft is REALLY frowned upon by the courts....stealing from the people that pays your wages is not looked at kindly.

First offence - a hefty fine at the minimum - possibly a suspended sentence.

If you have a record - it could be a lot worse


I caught a member of staff at the company I was employed at - he stole 拢300 - in court he was found guilty (even though he admitted his guilt), he got 12 months inside - first offence.|||Sentences are always dependant on circumstances - i.e. what was stolen, how it was stolen (premeditated or impulse), any extenuating circumstances.|||Most employers would just give you the sack and no Reference, if it goes to court its anybody's guess 6 months suspended maybe.

火车采集器
  • cb radio
  • virtual villagers 5
  • No comments:

    Post a Comment