Could do with some advice please. Son has worked at a small retail chain for a couple of years now and is deputy manager. He was not happy (long hours, not great pay)so went for a new job with big banking company (office based) has been offered the job yesterday much to his delight after getting through 3 interviews. However at his work yesterday a theft from the safe of several thousand pounds has seen him suspended as he was the person in charge at the time. Other members of staff  have also been suspended. Its a long story but basically anyone at work yesterday could have got access to the safe but my son is the last person proved to have gone to safe when he went to get change for the tills. It was also him who found the theft and reported it to police. Basically security is appalling, no cameras inshop, keys to safe were in an office cupboard which was not locked .The advice I am after is not related to his innocence. He is unable to prove he was not involved but then there is no evidence to prove that he was either. He is a brilliant and bright 21 year old with excellent credentials and has never been in any trouble at work school or socially and his integrity to all who know him is unquestionable. BUT the bottom line is as deputy manager he is almost certain to get the sack and is not in a union. He is torn in knowing what to do about his new job offer. They will not have attained his references yet, but anyway he reckons he cannot hand in his notice while under suspension. In theory he needs to give a monthe notice by June 5th in order to start new job. Should he be honest and tell his new employers or what? He was never actually interviewed directly by them it was all done on their behalf by an agency and are recruiting quite a few all atthe same time.
Any advice welcomed. He is devastated at this blot on his unblemished character and we dont know how to advise him.  :(

I would tell him to get the advice of a solicitor, which he may need should a police case follow anyway. He certainly needs to have his name cleared, I dont know what his work contract states but that may state he cannot offer his notice whilst under suspension. I wouldnt go to Citizens Advice, because I would want definate answers to this, and a solicitor, although expensive, will be the best person to advise him. Make sure you chose one that has knowledge of work related issues. The company may just decide to terminate his employment, so you need to know if this is legally possible, and what steps you need to take should this occur. he dosnt want this as an 'unresolved' matter on his work record.

And I wish him the very best of luck, this must be such a vey worying time for you all.

I agree about getting very reliable and specific advice. He is at the early stage of his working life and doesn't need it to be marred unecessarily!
I wish him well too, as a parent I know how you must be hurting for him.

If he has been in the job for a couple of years, they cannot just terminate his employment. 

However, as a deputy manager he would have been responsible if the manager was absent.  I think in that case, unless gross misconduct can be proved, ie, he was responsible for making sure the keys were safe, or he was absent from the premises when he shouldn't have been, they could only go down the route of a verbal or written warning.

Give ACAS a ring on Tuesday, they won't comment on an individual basis, but they should be able to tell you the legal position regarding giving in his notice while on suspension.  The fact others have been suspended should also be in his favour.

Good luck

Thanks for your advice. Will follow things up after bank holiday, unfortunately everywhere is closed today . He is pretty upset, he has just had a letter from the people who interviewed him with guidance lines for a  resignation letter. The job offer is to follow shortly so he has a few more days before needing to act on that part of his dilemma. We are gutted, he is such a bright and articulat lad who does not deserve this unfortunate situation

If he isn't on a great wage too, he maybe entitled to some legal aid too.

Very difficult to advise Star but I do sympathise with you and your son.  Not sure whether it is a good idea but wouldn't it be better for him to come clean with the agency handling the new job rather than have them find out by other means and then think he has something to hide?  Sadly it does feel a bit like a no win situation and maybe he will have to forego the new job and concentrate on clearing his name.  Maybe talk to the solicitor before deciding?

Pretty much what we thought but have afew days grace over holiday before addressing anything. Really appreciate your thoughts on all this.9

If they sack him without proving that he did anything wrong, surely he can go down the 'wrongful dismissal' road.  It is up to the police to come up with evidence to prove he took the money, and as he is innocent, there is no way they can do that!  I can't see why he can't tender his resignation whilst being suspended other than it could look suspicious, but does he really care how it looks?  If other members of staff have been suspended, the company will have to find out who took the money as they won't want to pay staff and not have them in work will they?  Continue to support him as you are doing and it will all work out O.K. I am sure :)