Embezzlement and Workplace Theft Defence Solicitors

Facing allegations of theft or embezzlement from your employer can be an extremely worrying experience, and it’s important to take urgent legal advice from an expert Fraud Solicitor to ensure that you can deal with the accusations as swiftly as possible.

Understanding the consequences of workplace theft is key; even seemingly small actions can have significant impacts on your life. Being accused of theft at work can have a profound impact on your reputation and future job opportunities, and, in severe cases, may lead to a prison sentence.

Whether or not the allegations have any basis in fact, it is crucial to discuss your case with an expert in this area of law so that you can take action to safeguard your reputation and to achieve the best outcome available.

Draycott Browne have business crime solicitors who specialise in guiding people through investigations into alleged employee theft or embezzlement, providing comprehensive support at every stage of the legal process. If you have been invited to a police interview, charged with employee theft, or you just want some advice about a potential issue in your workplace, please contact us without delay to discuss your situation.

What is workplace theft?

Theft is defined in Section 1 of the Theft Act 1968 as “dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it.” The act of employee theft encompasses a wide range of actions that can detrimentally impact a company's prospects or profits.  Examples include:

• taking office supplies home
• taking stock from a business without permission
• discrepancies with work expenses, or claiming non work-related expenses.

Workplace theft includes both tangible and intangible theft. Tangible theft covers instances where actual physical items are taken, such as money from a till. Intangible theft occurs when intellectual property is stolen, such as information or software.

Because of the complicated nature of the charge of employee theft, it is important to take the advice of legal professionals with experience in the field. Workplace theft is a serious issue and the authorities treat it accordingly.

What is embezzlement? 

Embezzlement is a type of theft where an individual, usually in a position of trust, with the responsibility of managing someone else's money or property, misappropriates a portion (or all) of those assets for personal gain. Common examples of this include instances where a person has legal access to another's funds or assets, such as someone in the role of a bookkeeper or treasurer, who uses their position to misappropriate funds.

Navigating embezzlement under UK law is intricate and requires careful differentiation from fraud. Typically falling under one or more offences outlined in the Theft Act 1968 or the Fraud Act 2006, the act of embezzlement can lead to severe consequences. In situations like these, it is common for the person accused of embezzlement to have a close relationship with the person making the accusation, which can make it more likely for misunderstandings to occur.  

How is an accusation of workplace theft defended?

Defending yourself against a charge of workplace theft involves challenging the prosecution's case by focusing on key elements they need to prove. For the prosecution to secure a conviction, they must demonstrate that:

• property was taken
• it was taken dishonestly
• it belonged to the employer
• there was an intention to permanently deprive the employer of it

One way to defend against such charges is through a factual defence, which involves disputing the details of how the property was taken. This could involve showing that the property wasn't taken at all, or challenging the quantity or manner in which it was taken, as claimed by the employer.

Another crucial aspect is establishing a legal defence by questioning whether the accused person acted dishonestly. The concept of 'Dishonesty' is defined under Section 2 of the Theft Act 1968. It explains that a person won't be considered dishonest if they believed they had the legal right to take the property on behalf of themselves or someone else, or if they believed that they would have the owner's consent under certain circumstances.

In essence, defending against workplace theft charges involves examining the evidence, challenging the details of the alleged theft, and demonstrating that the accused person did not act dishonestly based on the legal criteria outlined in the Theft Act 1968.

what happens if I’m being investigated for theft from my employer?

If you're being investigated for theft from your employer, and you have been reported to the police, you might be invited to attend the police station for a voluntary interview. The police might also talk to your coworkers or family and may request permission from a court to search your home or workplace for more evidence. As part of the police investigation, they will attempt to gather evidence, such as expert reports, photos, videos or audio recordings that might help to prove that you committed theft against your employer.

Taking action early is important. Being in the middle of an investigation can be extremely stressful as, if you're found guilty, depending on the nature of the theft, you might face a prison sentence. This can affect your ability to earn a living, both now and in the future, which can be extremely worrying if you have people who depend on you financially.

Talking to a lawyer who has experience with cases like yours can provide the support you need. At Draycott Browne, we are used to handling this type of case, and we will always aim to close a case before it gets to court wherever possible, or if the evidence to support the case is weak. Whatever your situation, if you need advice, reach out to us as early as possible and we will do everything in our power to help you.

What are the consequences of workplace theft accusations?

Facing accusations of stealing at work can have various consequences, and it's essential to understand what might happen. The severity of the consequences depends on factors like the nature of the theft and the individual circumstances involved.

If you're convicted of theft from your employer, it doesn't automatically mean you'll go to jail. The judge will consider your personal situation, the amount stolen, and the reasons behind the theft when determining the sentence. Possible consequences include being asked to repay what you stole, paying a fine, and doing community service. In more severe cases, the maximum sentence for this offence is seven years in prison, though this is usually reserved for the most serious offences.

The assessment of harm involves looking at the actual, intended, or risked loss resulting from the offence. Intended loss refers to situations where circumstances prevent the actual loss intended. The risk of loss considers the likelihood and extent of harm if it occurs, and it is less serious than actual or intended loss.

A criminal record is also a possibility. Even for relatively low-level thefts, a conviction will show on background checks, potentially causing difficulties in securing future employment. For individuals working in regulated professions like medicine, finance, or law, a theft conviction can trigger involvement from the relevant regulatory body, possibly restricting future work in that sector. Seeking legal advice is crucial, especially when considering a guilty plea, to fully understand the repercussions that may arise from the accusations.

Why choose Draycott Browne?

Theft from an employer and embezzlement are serious offences that carry severe consequences. Being accused of these crimes can result in not only legal repercussions but also damage to your personal and professional reputation. At Draycott Browne, we have a team of seasoned professionals who specialise in theft and embezzlement cases. We understand the intricacies of these charges and will build a robust defence tailored to your unique situation. We are well-versed in the laws surrounding theft from employers and embezzlement, ensuring that you receive the best legal representation possible.

We understand that no two cases are the same, and we know the importance of tailoring our legal strategies to the specific details of your situation. Our team will conduct a thorough analysis of the evidence against you, identify weaknesses in the prosecution's case, and build a strong defence to protect your rights. We believe in the principle of innocence until proven guilty, and we will work tirelessly to secure the best possible outcome for you.

From the initial arrest to courtroom proceedings, we will ensure that you are treated fairly and that all legal protocols are followed. Our goal is to minimise the impact of these charges on your life and future. Our team is dedicated to understanding your concerns, addressing your questions, and guiding you through the legal process with compassion.

Our team combine expertise, tailored legal strategies, protection of your rights, clear communication, exploration of alternative resolutions, and empathetic support to provide you with the best defence possible. Contact us today for a confidential consultation, and we’ll stand by your side and fight for your rights in the face of theft and embezzlement charges.

Contact our Embezzlement Lawyers

If you have been accused of embezzlement, it is vital to seek an expert solicitor which we can provide at Draycott Browne. Our Criminal Defence Lawyers in Manchester have a high attention to detail and will assess your circumstances to create the best possible defence.

Our team of Employment Theft Solicitors have years of experience in dealing with embezzlement cases, and can use their in-depth knowledge of the law technicalities to ensure that the most optimal outcome is reached.

We are well known within the law industry for our expertise, being one of the leading Criminal Law Firms in England. We regularly help clients across Manchester, Liverpool and across the whole of the UK.

For legal advice you can rely on, get in touch and one of our dedicated lawyers will get back to you.