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If you have been accused of theft from an employer, you are likely feeling extremely anxious about the serious nature of these charges and overwhelmed by the prospect of losing your job and facing criminal proceedings simultaneously. Theft from an employer is particularly serious because it involves a breach of trust, and the consequences can extend far beyond the criminal justice system to affect your employment prospects and professional standing. This article will explain what theft from an employer involves, the sentencing options available to courts, and the circumstances under which you might receive a suspended sentence rather than immediate custody.
What is theft from an employer?
Theft from an employer is prosecuted under the Theft Act 1968, which defines theft as dishonestly appropriating property belonging to another with the intention of permanently depriving the owner of it. When the property belongs to your employer, this creates additional seriousness because it involves a breach of the trust placed in you as an employee.
The key elements that prosecutors must prove include dishonesty, appropriation of property belonging to your employer, and intention to permanently deprive your employer of that property. The property can include money, goods, equipment, materials, or any other items belonging to the employer.
The theft can occur in various ways, from simple taking of items to more sophisticated schemes involving manipulation of records, false documentation, or abuse of access to company systems. The amount involved can range from small sums taken over time to substantial single thefts.
Note that theft from an employer requires dishonest intent and intention to permanently deprive. Genuine mistakes, borrowing items with intention to return them, or taking items you genuinely believed you were entitled to would not constitute theft if there was no dishonest intent. The breach of trust element makes theft from an employer particularly serious in the eyes of the courts, as employers must be able to trust their employees with access to property, money, and confidential information.
What are the usual sentences for theft from an employer?
Theft from an employer can be tried in either the Magistrates’ Court or the Crown Court, depending on the value involved and other factors. The maximum sentence under the Theft Act 1968 is 7 years imprisonment, reflecting the serious view that courts take of breaches of trust by employees. Community orders, suspended sentences, and fines may also be imposed, depending on the amount stolen, the method used, the duration of the theft, the impact on the employer, and your personal circumstances.
For less serious cases involving smaller amounts, first-time offenders, or where there are strong mitigating factors, courts often consider community-based sentences such as community service, unpaid work requirements, supervision orders, or fines. More serious cases involving substantial amounts, sophisticated methods, breach of significant trust, or repeat offending are more likely to result in immediate prison sentences.
What is a suspended sentence and how does it work?
A suspended sentence is a prison term that’s put on hold, allowing you to stay in the community if you follow court-imposed conditions for a set period (usually six months to two years). Complete this period without further offending and you won’t serve the prison time. If you violate the conditions or commit another offence, however, you’ll likely serve the original sentence plus face potential new penalties for any more recent crime.
These sentences typically include requirements like community service, probation supervision, rehabilitation programmes, or activity restrictions to address underlying issues and prevent reoffending.
Can theft from an employer result in a suspended sentence?
Theft from an employer can lead to a suspended sentence, depending on your specific circumstances. Courts consider this option when the offence warrants prison but immediate custody is not deemed necessary.
Factors favouring suspension include being a first-time offender, showing genuine remorse, having significant family or health considerations, demonstrating low reoffending risk, and making restitution efforts. Cases involving smaller amounts, brief periods of theft, or full cooperation with investigations may be more suitable for suspended sentences. Personal difficulties that contributed to the offence, alongside steps to address these issues, can also support your case.
Conversely, previous dishonesty convictions, substantial thefts, sophisticated planning, significant trust breaches, or lack of remorse make suspended sentences less likely.
Courts assess each case individually, balancing the trust breach against your personal circumstances and rehabilitation prospects.
What factors do courts consider when deciding on a suspended sentence for theft from an employer?
When considering suspended sentences for workplace theft, courts evaluate several key factors:
- The amount stolen is significant – both the total value and its impact on the business. The method and level of planning are also considered, with sophisticated schemes viewed more seriously.
- Duration and frequency matter, with systematic theft over extended periods demonstrating greater dishonesty than isolated incidents.
- Your position within the organisation is crucial – higher levels of trust and responsibility typically result in stricter sentencing considerations.
- Courts assess the broader impact on the employer, including investigation costs, security measures, management time, and effects on operations and morale.
- Your personal circumstances influence decisions, including age, health, employment history, and family responsibilities. Genuine remorse, cooperation with authorities, and restitution efforts are viewed favourably.
- Reoffending risk is evaluated through your criminal history, any underlying issues (financial difficulties, addiction), and willingness to address these problems.
- Your attitude toward the offence – accepting responsibility, understanding the trust breach, and showing genuine remorse – significantly impacts sentencing decisions.
How serious does the offence have to be for a prison sentence for theft from an employer?
Not every case of theft from an employer results in an immediate prison sentence, though the breach of trust element means that courts generally view these cases seriously. Per the Sentencing Code, the court must be satisfied that the offence is “so serious that neither a fine alone nor a community sentence can be justified” before imposing immediate custody.
Cases that typically warrant immediate prison sentences include those involving substantial amounts, systematic theft over extended periods, abuse of positions of significant trust, sophisticated methods to conceal the theft, or where you have previous convictions for similar offences. Theft that significantly impacts the employer’s business or involves targeting of vulnerable employers may also result in immediate custody.
Less serious cases that might avoid immediate prison include first-time offenders involved in relatively minor theft, cases where you were acting under significant personal pressure or financial crisis, or where there are exceptional personal circumstances such as serious illness or family emergencies. Cases involving genuine attempts to repay money or return property may also be treated more leniently.
Previous convictions, particularly for dishonesty offences, significantly increase the likelihood of immediate custody. However, even repeat offenders may receive suspended sentences in exceptional circumstances, particularly where there is evidence of genuine efforts to address underlying problems.
What can I do to improve my chances of getting a suspended sentence for theft from an employer?
There are numerous things you can do to help your case of securing a suspended sentence for a theft from an employer conviction. These include:
- Consult with solicitors specialising in workplace theft cases promptly. The intersection of criminal and employment law requires targeted expertise to navigate effectively.
- Show authentic remorse by acknowledging the trust violation, expressing genuine regret, and being forthright about your actions. Courts are adept at distinguishing sincere contrition from responsibility avoidance.
- Begin restitution efforts immediately. Even partial repayment or establishing payment plans demonstrates your commitment to making amends and taking accountability for your actions.
- Compile character evidence highlighting your positive attributes – references from professional contacts, family members, or community organisations. Documentation of your work history, credentials, volunteer activities, or civic contributions helps establish that this behaviour was out of character.
- Tackle any underlying factors that contributed to the offence. Whether financial hardship, gambling issues, substance dependencies, psychological challenges, or personal crises influenced your actions, actively seeking appropriate support shows commitment to rehabilitation.
- Engage transparently with both employer investigations and police inquiries. Full disclosure and comprehensive information-sharing may positively influence court perceptions.
- Demonstrate willingness to fulfill potential suspended sentence requirements such as probation oversight, community service, or rehabilitation programmes addressing offence triggers.
- Proactively address employment implications through employer discussions, alternative job exploration, or professional retraining opportunities.
Where to get more help
If you are facing charges for theft from an employer, know that Stuart Miller Solicitors are here for you. We have extensive experience in defending clients in employment-related theft cases and understand the serious implications for both your criminal record and your career. Contact us today for a free, confidential consultation to discuss your defence.
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