Example cases › Disciplinary & Conduct
Disciplinary & ConductAnswered by Concise Charlie
I think an employee is stealing from us. Do I call the police or start a disciplinary?
A worked example case · Last reviewed 4 July 2026
The situation
Till discrepancies and missing stock keep lining up with one employee’s shifts. You’re fairly sure, but you have no direct proof — no CCTV of the act, no witness. You’re angry and tempted to march them out today.
The answer Just Ask, HR gives
Concise Charlie — Direct, no fluff — the bottom line first.
Bottom line: don't march anyone anywhere. You don't need criminal-level proof to dismiss — you need a reasonable investigation. Do that first.
The legal standard is the Burchell test: a genuine belief in the misconduct, on reasonable grounds, after a reasonable investigation. That is much lower than "beyond reasonable doubt" — but "fairly sure" without investigating fails it.
- Tighten the evidence quietly. Stock records against rotas, till data, CCTV you already have. Don't install covert surveillance without advice — that has its own legal regime.
- Suspend on full pay once you have enough to justify investigation, framed as neutral precaution. Restrict system/stock access the same day.
- Investigatory interview before any hearing. Put the pattern to them and listen. Innocent explanations exist — shared logins, process errors, another person's shifts overlapping.
- Then a disciplinary hearing with the evidence disclosed in advance, right to be accompanied, and a decision on the balance of probabilities. Theft is gross misconduct; a genuine, reasonably-grounded belief supports dismissal without notice.
- Police is a separate, optional track. You can report or not — the disciplinary doesn't wait for the police, and a criminal acquittal doesn't make a fair dismissal unfair. Most SMEs report only where the loss is significant or insurance requires it.
The employers who lose theft cases at tribunal almost never lose on "did they do it" — they lose on skipped process: no investigation, no hearing, decision announced in anger. Don't be that case.
Key points
- Burchell test: genuine belief + reasonable grounds + reasonable investigation
- Suspend on full pay and restrict access while you investigate
- Balance of probabilities decides the disciplinary — not criminal proof
- Police involvement is optional and runs separately
- Process failures, not facts, are what lose theft dismissals at tribunal
Every situation is different — ask about yours
Just Ask, HR gives you a specific, UK-grounded answer in about 30 seconds — in the advice style you choose. Free to try.
Ask Just Ask, HR — free
Example scenario for illustration. These cases are realistic but fictional — no real employee
or employer is described. Guidance reflects UK employment law and ACAS practice as at the review date and is
general information, not legal advice; statutory rates and rules change, so check
gov.uk for current figures.
For a live dispute or tribunal matter, speak to a solicitor.
© Just Ask Apps Ltd · Privacy ·
Terms