How to deal with employee theft

In this guide, we will discuss how you can deal with employee theft in the workplace and define what is included in this issue.

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How to deal with employee theft in the workplace

It can come as a shock when you suspect or discover an employee stealing from your business.

Theft can cause a business considerable problems. It can reduce profits, lead to lengthy investigations and substantial costs.

If found guilty, employee theft is an act of gross misconduct and can lead to instant dismissal without notice pay. That’s why it’s essential to have policies governing the correct procedure.

In this guide, we will discuss how you can deal with employee theft in the workplace and define what is included in this issue.

an employee gets told by their employer that they are suspected of theft in the workplace

Page Contents

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    What is employee theft in the workplace?

    Workplace theft isn’t just an employee stealing tangible items such as cash and stock. It also includes intangible assets such as personal data and time.

    All types of business assets can be stolen in the workplace.

    What types of assets can be stolen?

    There are five types of assets that can be stolen in the workplace. These are listed below.

    ●      Cash: When an employee steals cash directly from the till.

    ●      Business supplies: These include basic assets such as pens, paper, food and alcohol. Collectively these result in petty theft. Supplies also involve the theft of more valuable assets such as laptops.

    ●      Company property: Where someone steals or gives away a product or service for free that the company sells.

    ●      Personal data: Stealing data that include commercially sensitive information. This data can be passed on for financial gain. It includes intellectual property, confidential information and employee records.

    ●      Time: When an employee has purposely changed the hours they have worked. And received extra pay when they haven’t worked it.

    Some of these acts can also come under employee fraud. This is a serious offence and may need to be reported to the police.

    An employer’s assets aren’t just physical property. That’s why it’s crucial to ensure that all company property is protected, and preventative measures are put in place.

    a warehouse with lots of stock

    How can an employer prevent workplace theft?

    There are effective measures an employer can take to help prevent theft. The exact method will depend on what sort of assets you are trying to secure.

    How to prevent intangible assets from employee theft

    It’s important to actively put preventative measures into place for intangible assets. Most of the time these assets are the most valuable to companies.

    Time theft:

    ●      Replace a paper-based staff sign-in system with a digital version.

    ●      Review and then restrict access to timesheets.

    Personal data theft:

    ●      Invest in better tougher cyber security measures.

    ●      Review who has permission for access to commercially sensitive information. This includes data and personal records. Make the permissions stricter.

    ●      Create tighter password protocols for specific accounts and company systems.

    ●      Review and then restrict access to authorised personnel.

    How to prevent tangible assets from employee theft

    The greatest deterrent is the use of CCTV. Having this alone makes employees think twice before stealing. Tangible assets are generally easier and quicker to identify as stolen.

    Business supplies, company property and cash theft:

    ●      Undergo frequent internal company property and stock checks.

    ●      If you can afford to, look at paying an external organisation to do a physical stock check. They tend to be more accurate than internal ones.

    ●      Undergo regular inventory checks.

    ●      If the business is in the retail or hospitality sector it’s good to check employee lockers and bags randomly. However, to legally do this it must be stated in the employee theft policy or the company handbook.

    All companies should have a theft policy in place. Having one can help you act fairly and legally in the event of theft.

    an employer does an stock check to make sure nothings been stolen

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    How to put an employee theft policy in place

    Implementing a company policy for theft sets a great framework for future issues. There should be a specific policy and procedure section in the employee handbook.

    As an employer, you should encourage employees to actively check their handbook to ensure they’re aware of company policies.

    You will need to include the following:

    ●      Definitions of the key terms to provide clarity e.g. assets, and intangible items.

    ●      State the steps that will be taken when there is an incident of workplace theft.

    ●      State who will be responsible for the investigation.

    ●      How an investigation will be conducted.

    ●      The consequences of workplace theft.

    ●      What disciplinary actions will be taken if an employee is caught stealing.

    ●      What to expect if an employee is dismissed for gross misconduct after being found stealing.

    ●      How damaging it is not only for their current position but future employment too.

    When creating a workplace theft policy, it’s important to express how crucial a theft-free workplace is. State how it advocates a loyal and trusted environment to preserve business information.

    an employer looks at a theft policy document

    How to deal with employee theft in the workplace

    When an employee is caught stealing you need to approach the situation cautiously. Without sufficient evidence, they could take legal action against you.

    You must make the employee aware through verbal and written communication.

    State the allegations against them and write a letter of suspension.

    The letter should not declare them guilty but rather note the start of an investigation.

    Suspension should be a last resort, this may not always be necessary.

    How to conduct a thorough investigation for employee theft

    Make the theft investigation discreet. You don’t want rumours spreading in the workplace.

    You’ll need to conduct a reasonable investigation that is fair to all involved. Trace the theft, carry out enquiries and ask for witness reports.

    Identify any vulnerable business processes that a specific employee may have more control or influence over. Then check for any differences and inconsistencies.

    Ensure notes are kept on each step of the investigation. The evidence will need to be filed, dated, checked by two or more individuals and time-stamped.

     

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    How to gather evidence

    If found guilty, you will need sufficient evidence to take appropriate action and recover any lost assets.

    You can collect evidence by:

    ●      Collecting relevant documentation.

    ●      If you have any, check the CCTV footage. Employees should be aware of all filming in the workplace.

    ●      Running a financial and data file audit.

    a CCTV camera in an office to stop employee theft

    How to inform the employee

    You will need to inform the employee verbally and in writing of the evidence against them.

    The employee’s personal and workplace circumstances should be taken into account before action can be taken.

    Things to take into account:

    ●      The guidelines in your theft policy or handbook.

    ●      The employee’s disciplinary record.

    ●      The nature of the allegations.

    ●      Length of service.

    ●      The attitude of the employee.

    ●      The personal circumstances of the employee.

    In instances of gross misconduct, employers may be able to enforce summary dismissal. This is when an employee is let go without notice pay.

    This is only for instances of gross misconduct.

    How to take disciplinary action against an employee

    Before taking disciplinary action, you will need to conduct a disciplinary hearing.

    A disciplinary hearing is part of a formal process where an employer deals with employee misconduct. In this case, it will be theft and possible gross misconduct.

    You will already have set the process into motion with the investigation you’ve been conducting.

    These are the steps on how to hold a disciplinary procedure:

    ●      Conduct a thorough investigation.

    ●      Inform the employee in writing.

    ●      Hold a meeting to discuss the theft with the employee.

    ●      Allow the employee to bring a companion.

    ●      Decide on the disciplinary action after careful consideration.

    ●      Inform the employee of your decision in writing.

    ●      Provide the employee with time to appeal.

    After the hearing, you will need to decide the outcome. This could include a verbal warning up to dismissal without notice.

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    How to dismiss an employee for gross misconduct

    You can dismiss someone who has been caught stealing from work for gross misconduct after an internal investigation and disciplinary hearing.

    If you fail to conduct a fair investigation and hearing, then this could lead to unfair dismissal.

    Assess your next steps

    If you find that there wasn’t substantial evidence or there are mitigating factors towards the employee, then it isn’t a sackable offence. There are a few things you can do to protect your business.

    ●      Introduce new safeguards.

    ●      Make changes to work processes.

    If you do go ahead with the dismissal, you will sometimes need to notify the police and attain a police report. This will allow you to claim a payout from your insurers.

    Get expert help on employee theft

    It can often be hard to navigate an investigation on your own if you don’t have an HR department. It involves leading a fair and reasonable investigation and taking disciplinary action towards an employee. You will also have to think about how you can prevent any other thefts in the future.

    Poor investigations and workplace theft procedures can become expensive for employers, especially if the case goes to an employment tribunal.

    That’s why we offer 24/7 HR and employment law advice at Employers Direct. We take care of everything from all the legal processes to advice on dismissing the employee.

    Want to find out more? We provide free legal advice and will help you decide the best course of action. Contact us at 0800 152 2287 or click here. 

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    FAQs

    We’re here to answer any questions you might have with expert ease.

    It is hard to fire an employee reasonably without warnings and a fair procedure for time theft.

    You could put a policy in place that allows management to do spot checks of employee’s lockers and bags and install CCTV.

    If you undergo a thorough investigation you can hand the evidence to the police and report a crime. This will depend on the severity of the theft. In most cases, it will be better to handle employee theft internally.

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