Theft From Employer

Most cases begin with an internal investigation by your employer after a suspected loss or irregularity. You may be asked to attend an investigatory or disciplinary meeting, sometimes without being told the full details of the allegation. Even at this early stage, you should seek immediate legal advice before answering questions or signing any documents.

If the employer believes there is evidence of deliberate dishonesty or financial loss, they may report the matter to the police. This can lead to a formal criminal investigation. You might be asked to attend a voluntary interview under caution or be arrested and taken to a police station for questioning under the Police and Criminal Evidence Act 1984 (PACE). You have the right to legal representation at every stage of the process — and you should never attend an interview without a solicitor present.

The police and Crown Prosecution Service (CPS) will assess the evidence before deciding whether to charge you. Evidence in these cases often includes:

• CCTV footage or workplace surveillance.
• Financial or audit records showing missing cash or discrepancies.
• Email or digital evidence, such as altered spreadsheets or transfers.
• Witness statements from colleagues or management.
• Physical evidence, such as missing stock or receipts.

Even if criminal charges have not yet been brought, the employment consequences can be severe. Allegations of theft usually lead to suspension or dismissal for gross misconduct, and the impact on your professional reputation can be long-lasting.

Early involvement from a specialist criminal defence solicitor can make a significant difference. Legal experts can advise you on how to respond during interviews, ensure your rights are protected, and work to prevent the case from escalating. In some situations, proactive legal representation can even stop a matter from proceeding to court.

A conviction can have lasting consequences - including a criminal record, loss of employment, and damage to your reputation. However, with skilled legal defence and effective mitigation, it is often possible to reduce or avoid imprisonment.

At MMA Law, our solicitors prepare detailed mitigation packages, highlight personal circumstances, and negotiate with the Crown Prosecution Service (CPS) to achieve the best possible outcome for our clients.

Defending Allegations of Theft from Your Employer

Being accused of stealing from your workplace is an incredibly stressful experience. Even when you know you’ve done nothing wrong, the evidence can appear one-sided, and misunderstandings can quickly escalate into criminal charges. At MMA Law, our specialist criminal defence solicitors take a proactive approach to defending theft from employer cases, carefully analysing every detail to build the strongest possible defence.

The prosecution must prove, beyond reasonable doubt, that you acted dishonestly and intended to permanently deprive your employer of their property. Our role is to challenge each of these elements and expose any weaknesses in the evidence presented against you.

Common defence strategies include:

• Lack of dishonesty: Many allegations arise from misunderstandings or administrative errors, not deliberate theft. If your actions were a mistake or part of normal work practice, this may defeat the element of dishonesty.
• No intent to permanently deprive: If you intended to borrow or replace the item, or believed you had permission, this can form a valid defence under the Theft Act 1968.
• Insufficient evidence: Workplace theft cases often rely on weak audit trails, missing documents, or circumstantial proof. We scrutinise every piece of evidence, from CCTV and emails to stock records, to ensure it stands up in court.
• Duress or pressure: In some situations, employees act under threat or coercion from colleagues or management. Demonstrating duress can lead to reduced charges or even full acquittal.
• Procedural errors: Police and employers must follow strict procedures when gathering evidence, conducting searches, or interviewing you under the Police and Criminal Evidence Act 1984 (PACE). Any breach of your rights may render key evidence inadmissible.

Our solicitors work quickly to gather supporting documentation, witness statements, and employment records to prove your account and challenge inconsistencies in the prosecution’s case. Where appropriate, we also engage independent forensic accountants or digital experts to verify records and financial data.

We regularly negotiate with the Crown Prosecution Service (CPS) to have charges reduced or dropped entirely where evidence is weak. If a trial is unavoidable, we deliver strategic, confident advocacy focused on securing an acquittal or the most lenient possible outcome.

If your case involves financial transactions, false accounting, or company fraud, you may also benefit from our expertise as Fraud Solicitors.

Allegations of theft from an employer can have serious consequences beyond the criminal process. Even before any conviction, most employers treat theft as gross misconduct, which usually results in immediate dismissal. This can leave you without income, references, or the ability to explain the situation to future employers.

If the case leads to a conviction, the impact can be even greater. A theft-related offence creates a criminal record, which must often be declared on job applications and can appear on Disclosure and Barring Service (DBS) checks. For professionals in regulated industries - such as finance, healthcare, education, or security - a conviction may also affect your ability to hold a licence or continue working in your field.

The reputational damage can be distressing. Accusations of dishonesty can harm your personal relationships, career prospects, and standing in the community. However, these outcomes are not inevitable. With the right legal advice, many clients manage to protect their reputation and avoid a criminal conviction altogether. We have successfully defended many clients facing Theft From Employer charges. Schedule your free 30 minute legal consult with us today.

Frequently Asked Questions

Is theft from an employer a criminal offence?

Yes - theft from an employer is a criminal offence under UK law. When an employee dishonestly appropriates property belonging to their employer with the intention of permanently depriving them of it, this falls within the definition of theft under the Theft Act 1968. The courts treat it very seriously because it often involves a breach of trust.

What is the sentence for theft from an employer in the UK?

The maximum sentence for theft is up to seven years’ imprisonment under the Theft Act 1968 for offences prosecuted on indictment. The exact sentence depends on factors such as the value of the property, the nature of the offence, and aggravating or mitigating circumstances.

Can you go to prison for stealing from your employer?

Yes you can go to prison for stealing from your employer. Whether custody is imposed depends on factors like the amount taken, the role of the accused, breach of trust, and evidence of planning or concealment. For many first-time or lower-value offences, the court may impose a community order or suspended sentence instead.

What happens if it’s my first offence?

If you have no previous convictions, the court may show more leniency. Early admission of guilt, repayment of the loss, cooperation with the investigation and a good character record can all help. While prison is possible, first-time offenders often face non-custodial sentences if the offence is less serious.

What should I do if my employer accuses me of theft?

If your employer accuses you of theft, take immediate action:

• Do not attend a police interview without legal representation.
• Ask for details of the allegation in writing and review any internal investigation documents.
• Preserve evidence such as emails, records of expenses, receipts, and time in role.
• Contact a specialist criminal defence solicitor who understands workplace-theft cases.

Early intervention can prevent escalation into criminal proceedings.

Can I be sacked without proof?

Yes, but it depends on the employer following a fair and lawful process. Theft in the workplace usually constitutes gross misconduct, which is a valid ground for summary dismissal. However, the employer must carry out a proper investigation and give you the opportunity to respond. Failure to do so may open a claim for unfair dismissal.

What counts as evidence of theft at work?

Evidence in workplace theft cases may include:

• CCTV footage or surveillance of the alleged act.
• Internal audit or stock records showing discrepancies.
• Expense claims, fuel-card usage, or credit-card transactions.
• Emails, messages or documents showing intent or unauthorised use.
• Witness statements from colleagues, managers or loss-prevention staff.

A strong defence examines whether this evidence has been lawfully gathered, whether the chain of custody is intact, and whether your rights were respected during interviews (under the Police and Criminal Evidence Act 1984).

How We Can Help You

Allegations of workplace theft can put your job, freedom, and future at risk. They can affect your reputation, income, and family life - even before any court proceedings take place. At MMA Law, we understand how distressing these situations can be. Our experienced theft from employer solicitors act quickly to protect your rights, defend your position, and help you achieve the best possible outcome.

We provide 24/7 legal representation during police interviews, ensuring your account is clearly heard and your rights are fully protected. Our team will examine every piece of evidence - from financial records and CCTV footage to witness statements - to identify weaknesses in the prosecution’s case. Where appropriate, we’ll negotiate directly with the Crown Prosecution Service (CPS) to reduce or even prevent charges from proceeding.

If your case reaches court, our solicitors are highly skilled in preparing strong defences and mitigation statements. We’ll present your circumstances clearly and persuasively, highlighting any factors that could reduce sentencing or demonstrate your good character.

MMA Law are based in Middlesbrough and we provide legal representation to clients across England and Wales, offering discreet, non-judgemental support throughout every stage of the process. We treat each case with professionalism and empathy, focusing on securing your future and restoring your peace of mind.

Contact MMA Law today for immediate, expert legal advice and a free, confidential 30-minute legal consultation.

Learn more about our related services:

• Theft Offences
• Criminal Defence Solicitors Middlesbrough