Misconduct & Dishonesty

Traps For the Unwary

A frequently occurring problem is that of the employee whom you ‘know’ is stealing, but you cannot prove it.  One way that employers tackle this is to try and catch them red handed by setting a trap.
Read More
Entrapment may be used legally (at least for the present), but if you have to resort to it, you will need to be able to show the following;

* entrapment is a last resort – you have tried to uncover the theft with more conventional means, and these have failed
* that the loss is serious and continuous  - it  is not a once off loss of trivial value, but rather a consistent drain on your profits
*  the trapper has not unduly encouraged the employee to commit the offence – if the employee does not rise to the fly immediately, cast your line elsewhere
* that you have other evidence of the loss – in other words, you cannot rely solely on the trap
*  that the trap is not a fishing expedition – in other words it is aimed at uncovering a specific set of circumstances, and not a general outing to see if you can catch a thief

So beware when spinning the meshes to entrap others – you may end up a victim yourself!