Just Ask, HR logoJust Ask, HR

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.

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

Sources

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
Download on the App Store Get it on Google Play

Related cases

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