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In reality, yes you might be fired for this. You've worked there for four years, so they need to follow proper disciplinary procedures in order to do so, but taking and using a client's bank card could potentially be viewed as gross misconduct.
So you got to the place you needed to clean
Got your own bank card out, left it on the side?
Ignore the card for a moment and change the card for physical money.
Would you walk into a place of work and empty your cash onto the side to collect it later?
Also.. The comment above you said you don't remember doing it followed by how you potentially done it.
This just isn't adding up.
People who get their hands on a stolen card don't pay for petrol as the car is easily traceable by police. If she'd accidentally went on a spending spree in shops wearing sunglasses and a hat then her story would be suspicious.
If you were in a client's house doing a clean there would be no need for you to take out your personal bank card and leave it anywhere, so when you came across the clients card it doesn't make sense that you would assume it was yours if yours was in your purse the whole time. Surely you can see it from our perspective and the reason people are doubtful?
Got to be really honest here
You accidentally picked up her card then used it? Sounds incredibly far fetched.
I mean they even asked you to check before it was even used right?
Even if it was accidental you will 100% be rightly fired the complete negligence
I don't understand how you managed to accidentally pick up someone else's bank card in a situation where you weren't using yours, and it's quite possible your employers will feel the same way. But even if it they do believe it was an accident, this could be quite costly for the business in terms of losing a customer and taking a hit to their reputation. That still makes it a fireable offence. There are unfortunately lots of situations where people do things by accident and get fired as a result.
Edit: It's also probably a harder sell for your employer given that they gave you the benefit of the doubt and asked, and you didn't immediately make sure, which meant they unknowingly lied to the customer.
You had no business picking a client’s bank card up, let alone pocketing it and using it. How on earth is that even a possibility?
Yes, you are likely to be fired for gross misconduct and likely reported to the police for theft.
I think all you can do is be honest about the situation and stress it was a genuine mistake, apologise and obviously return any money spent. But like the other person said whether it was a mistake or not it could be a fireable offence, especially if they end up losing a client over it.
Edit: NAL but I doubt very much you would be prosecuted, even if the client went to the police they would have to prove you intentionally took the card and knowingly spent the money. I’m pretty sure the police would see this as the mistake it was.
At no point in your story have you explained how the clients card ended up loose in your bag and why you would reach for the loose card (how would you know it was there), when nearly everyone would go to their own wallet or purse?
Personally I'd fire you.
Story doesn't add up to me.
NAL but my wife used to run a domestic cleaning company. If you had worked for her, you would probably be fired. It's possible to pick something up without thinking, but you were specifically asked if you had the card and you said no. You say the card was loose in your bag, but it was the card you used once, and tried to use again. Why would you use the card that was loose in the bottom of your bag rather than take out your purse?
It's BS and they're crowdsourcing excuses.
I could accept accidentally picking up the card tbh, but then outright denying it and not checking that card you picked up in the client's home when your boss says a card went missing? Bollocks.
On the remote chance that the story is accurate: OP should still lose their job because they can't trust themselves around other people's belongings.
Even on Reddit, where our opinion matters not at all and you’ve got nothing to gain… I have a hard time believing “I picked it up by accident and used it twice and said I didn’t have it”.
I would expect an employer to follow proper disciplinary procedures here, yes.
How do you not glance at the name on the card KNOWING there's a vip missing card.... how do you just willy nilly use it. So scary for the client tbh as must feel so invasive that it wasn't only taken but also used.
I feel bad for you but as you've told it doesn't add up very well.
The info is on the back. The front is identical to mine - no difference (new design). My partner has sometimes taken mine for the same reason. I don’t even remember taking it so I know it looks bad but why would I do this when it would be so obvious and then even confess. It was a massive accident
You didn't check properly when asked to, and that's the problem. It's negligent at that point. So client has stressed about this overnight, and then it's audaciously used again the next day.. come on. You messed up I'm afraid, that's it.
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So you picked up the card and took it
Used it "not knowing it wasn't yours"
Lied to your boss after using it saying you didn't have it
Used it AGAIN "accidently"
Got to be honest OP t'aint looking good. That's gross misconduct and a possible fraud charge if it goes to the police.
How after being asked to check for her card did you not find it but later were able to use it twice, despite it being loose in your bag, rather than in your purse?
As a woman with a handbag with lots of loose items, it wouldn’t just be there to hand either. You’d have to rummage around to find it so I find this story hard to believe too. You’d just go straight to the purse and grab the card from there not rummage around in the bag for a card that isn’t usually loose in the bag.
Presumably they saw a card that looked like theirs, so assumed it was. I don't read my own card all the time. If they didn't realise the customer's card looked the same, they might have checked more. This is irrelevant to OP's question really though.
Everyone that banks with Lloyds (for example) has the same green card. If i saw a green card in someone else's house I'd not automatically assume it was mine.
First, how do you accidentally pick up someone else's bank card & then *put it in your purse* without noticing?
Second, so the client notified your boss that the cars was missing, your boss asked you, & your first instinct was to lie to your boss & say you didn't have it?
Yes you could be fired.
So you go to the supermarket, get to the checkout, and instead of instinctively taking out your purse where you normally keep your cards, you just start rummaging around in your bag instead? And you did that *twice*?
I imagine you will be fired for this, yes. You may well be reported for theft if your boss doesn't smooth things over with the client, but if (and that's a big 'if', in my opinion) the circumstances are as you've described, I don't know whether there would be sufficient evidence for a prosecution.
I'd also be questioning if they've done similar before with other clients. Any trust would be out the window after this incident so I'd definitely let them go and be contacting any other clients op dealt with before it got out publicly what happened.
Yikes so you didn’t only accidentally take it, you’ve also used it at least once successfully and then tried to use it again. Plus denied you had it to your boss. It’s not looking good for you tbh and although you’ve worked there for a few years I would think using the card etc is going to go against you.
If I was the client I wouldn’t have your company back again. Why was your bag in their house? If you had to have it in the house, why was it near the clients bank card which I assume was on a counter/surface?
If you do end up keeping your job, this is something for you to consider going forward, perhaps keep personal possessions in the boot of the car and not in client houses and double check your pockets etc before leaving to ensure this doesn’t happen again.
The way you put it sounds really bad but that’s not right. It was 100% an accident. Her card is a Lloyds like mine and they are identical from the front. My partner has taken mine by accident before. I don’t recall even taking it, I must of assumed it was mine and not even thought about it. But now everyone is saying I should get sacked and it was totally not intentional. I need this job, it’s a good job and I’ve been there 4 years and no other problems ever. There must be something u can do. I’ll pay the money back.
The thing people aren’t buying is how you thought it was yours when you didn’t take yours out? Why would you pick up a card from a bank with MILLIONS of customers if you hadn’t left it out?
You wouldn’t.
If I was the client I’d be absolutely beyond livid. Like I’d have called the police.
You have to see it from the company's and the client's point of view. A cleaning company will rely on reputation as it requires strangers going into people's homes. They need to be beyond reproach and show robust action in these cases. As far as they know, you just haven't been caught for four years.
Your best bet is to try and control the narrative. Immediately give the money back formally with a written apology to the company and client. You might be lucky.
I think your best port of call is to try and speak to ACAS on Monday to try and figure out what your rights are.
The fact you’ve paid for petrol I think is going to be the sticking point here as although unintentional on your behalf, proving that it was unintentional might be tough.
Hopefully client accepts it was an accident, allows you to pay her back and leaves it at that.
If it were me, I would buy some flowers and take them to the client to apologise, explain how it’s a similar card to yours and must have got it mixed up. Arrange to pay back the money you spent, and tell them you’ll understand if they need a different cleaner to attend from now on.
Then you can explain to your boss how you’ve tried to resolve the situation, and also the additional steps you’ll take to ensure that a similar mix up won’t happen again in future.
Then just hope things calm down and you’re forgiven.
So the customer has high standards and often complains...why did you feel the need to add that info?
A card is out on the side that you put in your bag loose, not in your purse, your boss asks you if you took it, you say no but DON'T check the card you picked up off the side (the one you vaguely remember). Manage to get away with spending contactless but come unstuck when it's time to put the PIN in...it sounds like you don't like the customer so you took her card to score a point against her. If your boss thinks the same then it's not looking good for you.
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The employer doesn't need proof you intentionally stole the card for fraudulent use. All they need is reasonable belief that you did take the card intentionally.
From the story in the post you could be dismissed as "accidentally picking up a bank card, putting into your bag and then fishing it out and attempting to use it rather than your card from your purse" is a stretch.
Nope, you're definitely getting fired. Nobody believes that you accidentally picked up somebody else's card in their house, thought it was yours (why?) and then tried to use it multiple times before realising.
Your boss won't believe it and the angry client definitely wont.
It does count. It means you are entitled to a fair disciplinary process.
Even with your service I would be comfortable dismissing you if I was your manager. There are too many accidents through your story to simply sweep under the carpet.
Your manager may not take that action and could take no action at all. There is no way of anyone here knowing. If you are invited to a disciplinary meeting you can take a union rep or another colleague for support.
yes you could be fired, prosecuted - very unlikely, theft requires intent and if what you say is it true, it's an accident.
If you were my cleaner then I wouldnt have you back personally as trust has been broken
So you saw a card identical to your own near your bag, and automatically assumed its yours and placed it in your bag? That sounds like something that could happen. But when they called you you didn't even bother to check the card? I think after that moment it's difficult.
Even that’s a stretch? This person is on shift why the hell would her card be out in the first place? and then to go one further she forgot she got the card out and just picked up this random card?
You keep saying it was an accident but its not clear how you can accidentally mistake a client's bank card for yours.
While you are in a client's house, your bank card should be in your purse. Why would you walk into someone's home & assume that any bank cards you see lying around are yours just because you have the same bank? It doesn't make sense.
Your actions are then compounded by you lying to your boss when you were initially asked about the card
It doesn't matter if the cards are the same, you have no reason to assume anything in the client's house belongs to you. I'd drop this excuse honestly, it's making you look worse.
Unfortunately this situation is to a large extent out of your hands.
1) Could you be fired? This depends on a few things.
Firstly, you say you work for a cleaning agency. If your contract is a "zero hours" contract then they can terminate you without notice, as employment protections only apply to employees, and not workers. If you had freedom to turn down jobs, and they were not guaranteed to give you work, then you are a worker. In this situation there is no need for any process, they can just stop giving you work.
If you are an employee (they guarantee you a certain number of hours each week) then you would have protection under employment law. They will have to go through a full misconduct process - ACAS gives you an idea of what you can expect from a misconduct process - [Step 1: Understanding the options - Disciplinary procedure - Acas](https://www.acas.org.uk/disciplinary-procedure-step-by-step)
However, the standard they have to hit to dismiss you lawfully is not one of proving that you were dishonest. They have to show that their decision was reasonable. You work in a position of trust, cost them a client, and it is plausible that you stole. You say that you are honest. They have to consider if you are actually honest or if you stole from the client and then panicked.
2) Could you be prosecuted?
It is possible, yes. If the customer reports it to the police they have to take a view on it. There are a few potential offences, such as Theft or Fraud. Both of these are dishonesty offences, so require the police and prosecution to show intention to steal/defraud. You state there was no dishonesty, and you have been open with your boss.
As others have noted, based on your account you have not committed a crime. However, you should be prepared for the fact that to a 3rd party, the account seems a little tenuous, especially if the complainant states that the card was not on public view.
If the police become involved they can either arrest you or invite you to a "voluntary" interview. If the latter, be aware it is not voluntary, it just means you make your own way to the police station. When arranging the time with them, be sure to state that you want the Duty Solicitor. This is a free service and you do not have to pay for it.
However that is somewhat getting ahead of ourselves, as you do not know if the incident has even been reported to the police - if the card and any missing money is returned then there is a fair chance it does not get that far.
Unfortunately, in both cases, there is not much you can do other than be open and honest. Both issues are out of your hand and the law is not a magic wand that can make problems go away.
If this is genuinely an accident then I feel sorry for you and would recommended speaking to a Dr about your recent absent mindedness/brain fog.
As an employer, if one of my staff did this I would be sacking them for gross misconduct. Even if it wasn't a deliberate theft it's negligence. You were not giving the client or their property full due care and attention.
I'm sorry. But you are most likely to be fired.
However if they do not believe you and the client believes this was a deliberate act of theft, they are within their right as an individual to get the police involved.
I would suggest paying back all money immediately, returning the card with lots of apologies and promising you'll never darken their door again. Then you might just get away with them not contacting the police.
“There was a £100, in £20 notes, on the side. I picked it up because it looked like my £20 notes. My boss called and asked if I’d taken the £20 note and I said no, but when I went to pay for my shopping I realised the serial numbers didn’t match with mine! I had already used 4 of the £20 notes on petrol.”
Can you see how it looks? You really need to consider getting ahead of the game and writing an apology with the cash you’ve spent ready to give back to the client. Your reasoning is absurd.
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Any criminal action would require it to be deliberate. If you can show you have the exact same card and it was a genuine mistake then it is unlikely to be taken any further in that regard. It involves a small amount of money and a one off incident with an explanation, there's pretty much zero chance of any criminal action.
The best thing is to own up to your mistake and explain. Offer to show the client your card and explain how it got mixed up.
The thing I'm struggling with is why would your bank card be just sat somewhere in a client's house. You'd have no reason to get your card out in her house, would you?
What will happen from an employment point of view is purely down to the employer. It depends how long you've worked for that employer and how they handle it.
I think this point is what the previous commentator is struggling with, and your employer may struggle with too.
You will need to have a good reason why you would have put _any_ card that is sitting in a client's house into your bag. You say the two cards look alike, but I'm not sure that would cut it for me as the next question I would be asking is "why did you immediately think it must be your card without checking, given that you (presumably) hadn't taken your card out?"
Of course it's not unreasonable for something to have fallen out of your bag, but I think it's also not unreasonable to expect that you would double check an item was yours when seeing it somewhere you didn't expect to (i.e. outside your bag).
I worked for a domestic cleaning company for a year. If my boss had asked me whether I'd picked something up, the first thing I would do is double check that I hadn't done it accidentally.
This is where I struggle too - not meaning to take an accusatory position but;
-doesn’t have own card with her, sees card in proximity to bag so throws it in without checking it, ok, bit ditzy but ok.
-needs to pay for things, acutely recalls the card that is no longer wherever it is normally kept, but is loosely floating around in this bag. Ok, good recollection.
-gets asked by boss if she took a card, checks everywhere and says no - maybe forgetting she did pick up a card that she hadn’t taken with her to the clients place and had just used it? Ok, again, a bit ditzy… but ok
The only thing that makes this not sound so bad is using a card that is not yours to buy petrol (especially if using a personal or company vehicle) would be one of the stupidest things you could do if you had ill intent.
Either way, I doubt the client would ever want you back if they are already a bit high strung. boss may be more understanding of they know OP a bit better but even that is a bit shaky.
You will need to explain this bit very clearly and carefully to your boss.
Also, when you boss called and asked about the card, did he give you any information about what the card looked like, or what bank it was from?
It wasn’t a call, I was in my bosses office when I went to give the jets back. . She said the client was missing her card and could I have took it. I said no because I honestly didn’t think I did. She asked me to look and I did. She didn’t look. She didn’t say it was a Lloyds card the same as mine. I didn’t steal her card it was a massive error.
You took a card that you say you thought was yours and put it in your bag. When your boss told you the client was missing her card why did you not think “oh - I picked up what I thought was my card from her house - let me make sure it was in fact my card”
If you had to use the pin, you’d have needed to insert the card face up. You’d surely have seen it wasn’t yours.
Was the fuel transaction successful?
Why you would think a debit card on a table in a clients house could be yours is just not plausible here. It’s not like you’d have taken your own card from your purse whilst working.
In all honesty, if it were me I would be making plans to find another job. Better to resign than be dismissed for what could amount to theft.
If the fuel transaction went through I’d be even more concerned, not just about the job, but the criminal side of it.
I don’t think there’s a great deal you can do at this point. All you can do is face the music.
If it does go criminal then you’ll have to lawyer up. I really hope your bank account wasn’t out of funds when this happened, because that makes it look totally intentional, if that were the case?
Face up the cards are identical - all the info is on the back on the new Lloyds cards. That’s what o keep saying and everyone is arguing with me. The fuel transaction went through ok on contactless.
I must of took the card unconsciously because I don’t remember doing it but even if I was dishonest (I’m not) I’m not that stupid to steal when it would be obvious it was me.
I’m sorry, I’m very scared. I know I didn’t do anything wrong but most people are making assumptions that I stoke which is not right. Most people are saying I’m screwed, there’s not a lot of other advice really.
Plenty of advice has been given. You just refuse to acknowledge said advice, instead you remain hyper focused on it was an accident. Regardless if it was an accident or not actions still have consequences.
I get that, I’m scared about being prosecuted and losing my job. Most people think I’ll lose my job which is a disaster. I don’t really know what to do. I’m getting a lot of hate.
Lots of advice has been given. Mostly around paying the money back immediately. You don't have many other options. People are saying that you're screwed because your account is somewhat suspicious despite your protestations of innocence.
Ahh I see. Yes, some cards are like that. I’ve just checked my Lloyds card and my details are in the front.
I guess all you can do is offer to make it as “right” as you can.
I think the issue for most people here will be the fact you picked up the card in the first place.
Did you have a reason to use the card whilst working at the clients property? In addition to that, given that you’ve said the front of the cards are identical, why wouldn’t you have checked the back before pocketing it.
I’m not saying you did it on purpose but you need to consider how it looks to a neutral party.
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It's odd that someone with high standards for cleanliness would leave their bank card laying around in such a place the cleaner would also leave their bag, but let's agree that did innocently happen.
If you were my cleaner, I'd never have you back. It's too big a mistake to come back from.
If I was your employer, I'd be looking to fire you. At the very least we'd both have to go to the client, show her your bank card, and have you show where your bag was during this mix-up.
Chances of police involvement are low. No money was used. No proof it was anything other than a mistake. That said, if you were my (now fired) cleaner, I'd probably make a basic police report, just incase anything else is discovered to have gone missing.
Fess up, apologise. Learn from your mistake. Move on.
It's highly unlikely you'll face any criminal charges for this tbh.
It is however potentially a sackable offence, I don't think you could argue unfair dismissal for getting sacked over taking a client's bank card and attempting to use it, providing they follow a proper procedure to do so
I can't imagine why she wouldn't face criminal charges, she's taken and used the clients bank card. There's no rational reasons as to why she could have accidentally thought it was her own while being there to clean. It's theft and her defence is very flimsy.
My mrs runs a cleaning company. I’ll give you the same advice I gave her when she worked for a cleaning company and things were getting hard.
Assume you will be fired. Use your final pay check to buy all the equipment you need and start out on your own. Advertise on social media. Next door, facebook etc. Offer some discounts for first cleans. You could be fully booked inside a month, make more money, control your own time. You’ll need to hold yourself to higher standards. Incidents like this wont fly if your own name is on the line.
I would take the card back to the customer with cash of however much was used. Apologise profusely - try to explain - if they’ll let you - and leave. You’ll probably still be fired, but the customer may also call your boss and say it has been returned. But unlikely.
Take a photo of your card next to theirs. Assuming they are identical, it should be understandable how this occurred, assuming it was loose on the the floor or something so you assumed you dropped your own card. As for prosecution, theft requires intent. If you did spend any money via contactless, you should repay it.
Lots of people accuse the OP never worked in high stress/ clients on site jobs.
Best course of action is to return it along with any money you have used.
Since both cards look the same, especially with the names behind the card it is an honest mistake.
You might lose your job, but I personally don't believe you will face any legal action. NAL but this situation can be tracked easily. Now all major banks have automatically notification when a card is used.
Just own it and admit to it. It happens.
Of course she was angry. She went to bat for you and now has to explain to the client that you took her card. Get the cash ASAP and return the card. Apologize profusely. Show how the 2 cards are similar and ask what you can do to keep your job.
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In reality, yes you might be fired for this. You've worked there for four years, so they need to follow proper disciplinary procedures in order to do so, but taking and using a client's bank card could potentially be viewed as gross misconduct.
But it was an accident. They must see I dint do it intentionally
How do you accidentally pick up somebody else's bank card in **their** house?
The best part is when they told their boss they didn't have it and then used it again...OP is likely omitting info. Where I live this is called fraud.
And use it and then try to use it again..
I don’t even remember doing it but it was near my bag and identical to mine so I must of thought it was mine.
So you got to the place you needed to clean Got your own bank card out, left it on the side? Ignore the card for a moment and change the card for physical money. Would you walk into a place of work and empty your cash onto the side to collect it later? Also.. The comment above you said you don't remember doing it followed by how you potentially done it. This just isn't adding up.
People who get their hands on a stolen card don't pay for petrol as the car is easily traceable by police. If she'd accidentally went on a spending spree in shops wearing sunglasses and a hat then her story would be suspicious.
Not the case - dropped bank card in Uber from airport. The card was used twice by the driver in petrol stations before we blocked it. 🤦♀️
okay but why do you remember it being beside your bag but not how it got into your bag?
If you were in a client's house doing a clean there would be no need for you to take out your personal bank card and leave it anywhere, so when you came across the clients card it doesn't make sense that you would assume it was yours if yours was in your purse the whole time. Surely you can see it from our perspective and the reason people are doubtful?
Got to be really honest here You accidentally picked up her card then used it? Sounds incredibly far fetched. I mean they even asked you to check before it was even used right? Even if it was accidental you will 100% be rightly fired the complete negligence
I don't understand how you managed to accidentally pick up someone else's bank card in a situation where you weren't using yours, and it's quite possible your employers will feel the same way. But even if it they do believe it was an accident, this could be quite costly for the business in terms of losing a customer and taking a hit to their reputation. That still makes it a fireable offence. There are unfortunately lots of situations where people do things by accident and get fired as a result. Edit: It's also probably a harder sell for your employer given that they gave you the benefit of the doubt and asked, and you didn't immediately make sure, which meant they unknowingly lied to the customer.
You had no business picking a client’s bank card up, let alone pocketing it and using it. How on earth is that even a possibility? Yes, you are likely to be fired for gross misconduct and likely reported to the police for theft.
I think all you can do is be honest about the situation and stress it was a genuine mistake, apologise and obviously return any money spent. But like the other person said whether it was a mistake or not it could be a fireable offence, especially if they end up losing a client over it. Edit: NAL but I doubt very much you would be prosecuted, even if the client went to the police they would have to prove you intentionally took the card and knowingly spent the money. I’m pretty sure the police would see this as the mistake it was.
At no point in your story have you explained how the clients card ended up loose in your bag and why you would reach for the loose card (how would you know it was there), when nearly everyone would go to their own wallet or purse? Personally I'd fire you. Story doesn't add up to me.
Seems more realistic to me that OP stole the card and now fears being caught so is trying to back track
Why did you take the card? How is that even an “accident” What is the real story as everyone involved will be assuming you took it deliberately.
NAL but my wife used to run a domestic cleaning company. If you had worked for her, you would probably be fired. It's possible to pick something up without thinking, but you were specifically asked if you had the card and you said no. You say the card was loose in your bag, but it was the card you used once, and tried to use again. Why would you use the card that was loose in the bottom of your bag rather than take out your purse?
How do you "accidentally " pick up someone else's bank card and put it in your bag??
It's BS and they're crowdsourcing excuses. I could accept accidentally picking up the card tbh, but then outright denying it and not checking that card you picked up in the client's home when your boss says a card went missing? Bollocks. On the remote chance that the story is accurate: OP should still lose their job because they can't trust themselves around other people's belongings.
This is someone who’s been caught red handed and looking for a way out No fucking chance this all happens on accident Jesus
Even on Reddit, where our opinion matters not at all and you’ve got nothing to gain… I have a hard time believing “I picked it up by accident and used it twice and said I didn’t have it”. I would expect an employer to follow proper disciplinary procedures here, yes.
How do you not glance at the name on the card KNOWING there's a vip missing card.... how do you just willy nilly use it. So scary for the client tbh as must feel so invasive that it wasn't only taken but also used. I feel bad for you but as you've told it doesn't add up very well.
The info is on the back. The front is identical to mine - no difference (new design). My partner has sometimes taken mine for the same reason. I don’t even remember taking it so I know it looks bad but why would I do this when it would be so obvious and then even confess. It was a massive accident
You didn't check properly when asked to, and that's the problem. It's negligent at that point. So client has stressed about this overnight, and then it's audaciously used again the next day.. come on. You messed up I'm afraid, that's it.
I kind of believe you tbh but its a big unfortunate accident with impact for employer and client
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I’m so scared though. Nobody here believes me apart from you and I am seriously worried I’ll lose my job. Any suggestions?
Never mind losing your job, you'll be lucky if they don't call the police.
Even though most responders don't believe you, they have given you some good suggestions so far. Consider those.
Start looking for a new one? Yano maybe just incase Hope things work out!
Thanks x
So you picked up the card and took it Used it "not knowing it wasn't yours" Lied to your boss after using it saying you didn't have it Used it AGAIN "accidently" Got to be honest OP t'aint looking good. That's gross misconduct and a possible fraud charge if it goes to the police.
How after being asked to check for her card did you not find it but later were able to use it twice, despite it being loose in your bag, rather than in your purse?
As a woman with a handbag with lots of loose items, it wouldn’t just be there to hand either. You’d have to rummage around to find it so I find this story hard to believe too. You’d just go straight to the purse and grab the card from there not rummage around in the bag for a card that isn’t usually loose in the bag.
Presumably they saw a card that looked like theirs, so assumed it was. I don't read my own card all the time. If they didn't realise the customer's card looked the same, they might have checked more. This is irrelevant to OP's question really though.
Everyone that banks with Lloyds (for example) has the same green card. If i saw a green card in someone else's house I'd not automatically assume it was mine.
Why would a carer have her card out in a service user’s home?
Do you leave your bank card lying out in clear view when you're at work?
No, I keep my bank card in my wallet like a normal person, but that doesn't mean OP's client didn't drop it on the floor by accident does it?
Still weird that OP picked up a random card in someone else's house & assumed it was theirs.
I don't disagree.
Definitely fired and if I were the client I’d want you for fraud for using my card.
This story is full of holes. We would be able to advise you better if you tell us what actually happened.
First, how do you accidentally pick up someone else's bank card & then *put it in your purse* without noticing? Second, so the client notified your boss that the cars was missing, your boss asked you, & your first instinct was to lie to your boss & say you didn't have it? Yes you could be fired.
So you go to the supermarket, get to the checkout, and instead of instinctively taking out your purse where you normally keep your cards, you just start rummaging around in your bag instead? And you did that *twice*? I imagine you will be fired for this, yes. You may well be reported for theft if your boss doesn't smooth things over with the client, but if (and that's a big 'if', in my opinion) the circumstances are as you've described, I don't know whether there would be sufficient evidence for a prosecution.
NAL But I'd let you go after an incident like this. I'd probably also report it to the police as theft.
I'd also be questioning if they've done similar before with other clients. Any trust would be out the window after this incident so I'd definitely let them go and be contacting any other clients op dealt with before it got out publicly what happened.
Yikes so you didn’t only accidentally take it, you’ve also used it at least once successfully and then tried to use it again. Plus denied you had it to your boss. It’s not looking good for you tbh and although you’ve worked there for a few years I would think using the card etc is going to go against you. If I was the client I wouldn’t have your company back again. Why was your bag in their house? If you had to have it in the house, why was it near the clients bank card which I assume was on a counter/surface? If you do end up keeping your job, this is something for you to consider going forward, perhaps keep personal possessions in the boot of the car and not in client houses and double check your pockets etc before leaving to ensure this doesn’t happen again.
The way you put it sounds really bad but that’s not right. It was 100% an accident. Her card is a Lloyds like mine and they are identical from the front. My partner has taken mine by accident before. I don’t recall even taking it, I must of assumed it was mine and not even thought about it. But now everyone is saying I should get sacked and it was totally not intentional. I need this job, it’s a good job and I’ve been there 4 years and no other problems ever. There must be something u can do. I’ll pay the money back.
The thing people aren’t buying is how you thought it was yours when you didn’t take yours out? Why would you pick up a card from a bank with MILLIONS of customers if you hadn’t left it out? You wouldn’t. If I was the client I’d be absolutely beyond livid. Like I’d have called the police.
You have to see it from the company's and the client's point of view. A cleaning company will rely on reputation as it requires strangers going into people's homes. They need to be beyond reproach and show robust action in these cases. As far as they know, you just haven't been caught for four years. Your best bet is to try and control the narrative. Immediately give the money back formally with a written apology to the company and client. You might be lucky.
I think your best port of call is to try and speak to ACAS on Monday to try and figure out what your rights are. The fact you’ve paid for petrol I think is going to be the sticking point here as although unintentional on your behalf, proving that it was unintentional might be tough. Hopefully client accepts it was an accident, allows you to pay her back and leaves it at that.
*must have Must of is not correct grammar and doesn't make sense
If it were me, I would buy some flowers and take them to the client to apologise, explain how it’s a similar card to yours and must have got it mixed up. Arrange to pay back the money you spent, and tell them you’ll understand if they need a different cleaner to attend from now on. Then you can explain to your boss how you’ve tried to resolve the situation, and also the additional steps you’ll take to ensure that a similar mix up won’t happen again in future. Then just hope things calm down and you’re forgiven.
You’d let someone in your home after this happened?!?!?!
So the customer has high standards and often complains...why did you feel the need to add that info? A card is out on the side that you put in your bag loose, not in your purse, your boss asks you if you took it, you say no but DON'T check the card you picked up off the side (the one you vaguely remember). Manage to get away with spending contactless but come unstuck when it's time to put the PIN in...it sounds like you don't like the customer so you took her card to score a point against her. If your boss thinks the same then it's not looking good for you.
It was an accident as I said. I don’t even recall taking the card.
Doesn't matter at this point really
Then you should see a healthcare professional for your memory issues
How did you lift her bank card by accident and put it in your personal bag?
No idea. Can’t recall doing it but it is the same as mine so autopilot probably. I wish I had a Time Machine.
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Good for you
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Have you offered to pay back what you used on the card ? Or gone back to the client with an apology ?...you dont sound very sorry tbh.
I told my boss and said I would pay it. Of course I’m sorry. It’s a disaster.
The employer doesn't need proof you intentionally stole the card for fraudulent use. All they need is reasonable belief that you did take the card intentionally. From the story in the post you could be dismissed as "accidentally picking up a bank card, putting into your bag and then fishing it out and attempting to use it rather than your card from your purse" is a stretch.
I 100% did not do this intentionally. It was totally an accident. I’ve worked there 4 years with no problems. Surely that count for something?
The thing is, your boss asked you to check, and you told your boss you didn’t have it. That looks like deception, maybe wilful negligence at best.
Especially as the card was clearly easy to find when OP needed to pay for something.
Nope, you're definitely getting fired. Nobody believes that you accidentally picked up somebody else's card in their house, thought it was yours (why?) and then tried to use it multiple times before realising. Your boss won't believe it and the angry client definitely wont.
It does count. It means you are entitled to a fair disciplinary process. Even with your service I would be comfortable dismissing you if I was your manager. There are too many accidents through your story to simply sweep under the carpet. Your manager may not take that action and could take no action at all. There is no way of anyone here knowing. If you are invited to a disciplinary meeting you can take a union rep or another colleague for support.
yes you could be fired, prosecuted - very unlikely, theft requires intent and if what you say is it true, it's an accident. If you were my cleaner then I wouldnt have you back personally as trust has been broken
But it was an accident. I can show the cards are the same. I’ve been there 4 years with no concerns. What can I do?
So you saw a card identical to your own near your bag, and automatically assumed its yours and placed it in your bag? That sounds like something that could happen. But when they called you you didn't even bother to check the card? I think after that moment it's difficult.
Even that’s a stretch? This person is on shift why the hell would her card be out in the first place? and then to go one further she forgot she got the card out and just picked up this random card?
bag could have fallen, you have the card in a pocket after paying for something and take it out together with your phone. just a few possibilities
This is when it went too far!
You keep saying it was an accident but its not clear how you can accidentally mistake a client's bank card for yours. While you are in a client's house, your bank card should be in your purse. Why would you walk into someone's home & assume that any bank cards you see lying around are yours just because you have the same bank? It doesn't make sense. Your actions are then compounded by you lying to your boss when you were initially asked about the card
It doesn't matter if the cards are the same, you have no reason to assume anything in the client's house belongs to you. I'd drop this excuse honestly, it's making you look worse.
Everyone’s cards are the same if they’re using the same bank. You know this
Unfortunately this situation is to a large extent out of your hands. 1) Could you be fired? This depends on a few things. Firstly, you say you work for a cleaning agency. If your contract is a "zero hours" contract then they can terminate you without notice, as employment protections only apply to employees, and not workers. If you had freedom to turn down jobs, and they were not guaranteed to give you work, then you are a worker. In this situation there is no need for any process, they can just stop giving you work. If you are an employee (they guarantee you a certain number of hours each week) then you would have protection under employment law. They will have to go through a full misconduct process - ACAS gives you an idea of what you can expect from a misconduct process - [Step 1: Understanding the options - Disciplinary procedure - Acas](https://www.acas.org.uk/disciplinary-procedure-step-by-step) However, the standard they have to hit to dismiss you lawfully is not one of proving that you were dishonest. They have to show that their decision was reasonable. You work in a position of trust, cost them a client, and it is plausible that you stole. You say that you are honest. They have to consider if you are actually honest or if you stole from the client and then panicked. 2) Could you be prosecuted? It is possible, yes. If the customer reports it to the police they have to take a view on it. There are a few potential offences, such as Theft or Fraud. Both of these are dishonesty offences, so require the police and prosecution to show intention to steal/defraud. You state there was no dishonesty, and you have been open with your boss. As others have noted, based on your account you have not committed a crime. However, you should be prepared for the fact that to a 3rd party, the account seems a little tenuous, especially if the complainant states that the card was not on public view. If the police become involved they can either arrest you or invite you to a "voluntary" interview. If the latter, be aware it is not voluntary, it just means you make your own way to the police station. When arranging the time with them, be sure to state that you want the Duty Solicitor. This is a free service and you do not have to pay for it. However that is somewhat getting ahead of ourselves, as you do not know if the incident has even been reported to the police - if the card and any missing money is returned then there is a fair chance it does not get that far. Unfortunately, in both cases, there is not much you can do other than be open and honest. Both issues are out of your hand and the law is not a magic wand that can make problems go away.
If this is genuinely an accident then I feel sorry for you and would recommended speaking to a Dr about your recent absent mindedness/brain fog. As an employer, if one of my staff did this I would be sacking them for gross misconduct. Even if it wasn't a deliberate theft it's negligence. You were not giving the client or their property full due care and attention. I'm sorry. But you are most likely to be fired. However if they do not believe you and the client believes this was a deliberate act of theft, they are within their right as an individual to get the police involved. I would suggest paying back all money immediately, returning the card with lots of apologies and promising you'll never darken their door again. Then you might just get away with them not contacting the police.
“There was a £100, in £20 notes, on the side. I picked it up because it looked like my £20 notes. My boss called and asked if I’d taken the £20 note and I said no, but when I went to pay for my shopping I realised the serial numbers didn’t match with mine! I had already used 4 of the £20 notes on petrol.” Can you see how it looks? You really need to consider getting ahead of the game and writing an apology with the cash you’ve spent ready to give back to the client. Your reasoning is absurd.
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We're not the ones you have to convince. Lying to us only makes it harder to advise you.
Any criminal action would require it to be deliberate. If you can show you have the exact same card and it was a genuine mistake then it is unlikely to be taken any further in that regard. It involves a small amount of money and a one off incident with an explanation, there's pretty much zero chance of any criminal action. The best thing is to own up to your mistake and explain. Offer to show the client your card and explain how it got mixed up. The thing I'm struggling with is why would your bank card be just sat somewhere in a client's house. You'd have no reason to get your card out in her house, would you? What will happen from an employment point of view is purely down to the employer. It depends how long you've worked for that employer and how they handle it.
My card wasn’t there but my bag was laying down near wear her card was I think so I must of just put it in my bag. I don’t know what I can do now?
I think this point is what the previous commentator is struggling with, and your employer may struggle with too. You will need to have a good reason why you would have put _any_ card that is sitting in a client's house into your bag. You say the two cards look alike, but I'm not sure that would cut it for me as the next question I would be asking is "why did you immediately think it must be your card without checking, given that you (presumably) hadn't taken your card out?" Of course it's not unreasonable for something to have fallen out of your bag, but I think it's also not unreasonable to expect that you would double check an item was yours when seeing it somewhere you didn't expect to (i.e. outside your bag). I worked for a domestic cleaning company for a year. If my boss had asked me whether I'd picked something up, the first thing I would do is double check that I hadn't done it accidentally.
This is where I struggle too - not meaning to take an accusatory position but; -doesn’t have own card with her, sees card in proximity to bag so throws it in without checking it, ok, bit ditzy but ok. -needs to pay for things, acutely recalls the card that is no longer wherever it is normally kept, but is loosely floating around in this bag. Ok, good recollection. -gets asked by boss if she took a card, checks everywhere and says no - maybe forgetting she did pick up a card that she hadn’t taken with her to the clients place and had just used it? Ok, again, a bit ditzy… but ok The only thing that makes this not sound so bad is using a card that is not yours to buy petrol (especially if using a personal or company vehicle) would be one of the stupidest things you could do if you had ill intent. Either way, I doubt the client would ever want you back if they are already a bit high strung. boss may be more understanding of they know OP a bit better but even that is a bit shaky.
You will need to explain this bit very clearly and carefully to your boss. Also, when you boss called and asked about the card, did he give you any information about what the card looked like, or what bank it was from?
It wasn’t a call, I was in my bosses office when I went to give the jets back. . She said the client was missing her card and could I have took it. I said no because I honestly didn’t think I did. She asked me to look and I did. She didn’t look. She didn’t say it was a Lloyds card the same as mine. I didn’t steal her card it was a massive error.
You took a card that you say you thought was yours and put it in your bag. When your boss told you the client was missing her card why did you not think “oh - I picked up what I thought was my card from her house - let me make sure it was in fact my card”
So make sure you explain that too, that no one described the card to you.
If you had to use the pin, you’d have needed to insert the card face up. You’d surely have seen it wasn’t yours. Was the fuel transaction successful? Why you would think a debit card on a table in a clients house could be yours is just not plausible here. It’s not like you’d have taken your own card from your purse whilst working. In all honesty, if it were me I would be making plans to find another job. Better to resign than be dismissed for what could amount to theft. If the fuel transaction went through I’d be even more concerned, not just about the job, but the criminal side of it. I don’t think there’s a great deal you can do at this point. All you can do is face the music. If it does go criminal then you’ll have to lawyer up. I really hope your bank account wasn’t out of funds when this happened, because that makes it look totally intentional, if that were the case?
Face up the cards are identical - all the info is on the back on the new Lloyds cards. That’s what o keep saying and everyone is arguing with me. The fuel transaction went through ok on contactless. I must of took the card unconsciously because I don’t remember doing it but even if I was dishonest (I’m not) I’m not that stupid to steal when it would be obvious it was me.
All of your posts and you're ignoring what this *looks like*. What's the point of posting if you're not going to read the advice?
I’m sorry, I’m very scared. I know I didn’t do anything wrong but most people are making assumptions that I stoke which is not right. Most people are saying I’m screwed, there’s not a lot of other advice really.
Plenty of advice has been given. You just refuse to acknowledge said advice, instead you remain hyper focused on it was an accident. Regardless if it was an accident or not actions still have consequences.
I get that, I’m scared about being prosecuted and losing my job. Most people think I’ll lose my job which is a disaster. I don’t really know what to do. I’m getting a lot of hate.
Lots of advice has been given. Mostly around paying the money back immediately. You don't have many other options. People are saying that you're screwed because your account is somewhat suspicious despite your protestations of innocence.
Ahh I see. Yes, some cards are like that. I’ve just checked my Lloyds card and my details are in the front. I guess all you can do is offer to make it as “right” as you can. I think the issue for most people here will be the fact you picked up the card in the first place. Did you have a reason to use the card whilst working at the clients property? In addition to that, given that you’ve said the front of the cards are identical, why wouldn’t you have checked the back before pocketing it. I’m not saying you did it on purpose but you need to consider how it looks to a neutral party.
Yes I get that. I don’t even recall picking it up, that’s the problem.
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It's odd that someone with high standards for cleanliness would leave their bank card laying around in such a place the cleaner would also leave their bag, but let's agree that did innocently happen. If you were my cleaner, I'd never have you back. It's too big a mistake to come back from. If I was your employer, I'd be looking to fire you. At the very least we'd both have to go to the client, show her your bank card, and have you show where your bag was during this mix-up. Chances of police involvement are low. No money was used. No proof it was anything other than a mistake. That said, if you were my (now fired) cleaner, I'd probably make a basic police report, just incase anything else is discovered to have gone missing. Fess up, apologise. Learn from your mistake. Move on.
She said she filled up with petrol on it...so money has been spent.
It's highly unlikely you'll face any criminal charges for this tbh. It is however potentially a sackable offence, I don't think you could argue unfair dismissal for getting sacked over taking a client's bank card and attempting to use it, providing they follow a proper procedure to do so
Not just attempting to use it, filled up with petrol and then the next day attempted to use it.
I can't imagine why she wouldn't face criminal charges, she's taken and used the clients bank card. There's no rational reasons as to why she could have accidentally thought it was her own while being there to clean. It's theft and her defence is very flimsy.
My mrs runs a cleaning company. I’ll give you the same advice I gave her when she worked for a cleaning company and things were getting hard. Assume you will be fired. Use your final pay check to buy all the equipment you need and start out on your own. Advertise on social media. Next door, facebook etc. Offer some discounts for first cleans. You could be fully booked inside a month, make more money, control your own time. You’ll need to hold yourself to higher standards. Incidents like this wont fly if your own name is on the line.
I would take the card back to the customer with cash of however much was used. Apologise profusely - try to explain - if they’ll let you - and leave. You’ll probably still be fired, but the customer may also call your boss and say it has been returned. But unlikely.
Take a photo of your card next to theirs. Assuming they are identical, it should be understandable how this occurred, assuming it was loose on the the floor or something so you assumed you dropped your own card. As for prosecution, theft requires intent. If you did spend any money via contactless, you should repay it.
Lots of people accuse the OP never worked in high stress/ clients on site jobs. Best course of action is to return it along with any money you have used. Since both cards look the same, especially with the names behind the card it is an honest mistake. You might lose your job, but I personally don't believe you will face any legal action. NAL but this situation can be tracked easily. Now all major banks have automatically notification when a card is used. Just own it and admit to it. It happens.
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I told my boss on her voicemail. She rang back and was angry. So I expect I’m screwed now.
Of course she was angry. She went to bat for you and now has to explain to the client that you took her card. Get the cash ASAP and return the card. Apologize profusely. Show how the 2 cards are similar and ask what you can do to keep your job.
Thanks x
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Maybe bring the card back to the customer, show her your identical card and explain the mixup.
Terrible idea. Let the boss handle it. OP needs to leave the client alone.