Early years managers who foster a working culture of openness, honesty and trust in their settings face tricky personnel problems if things go missing from the workplace.
Prompt but cautious action is needed. A manager should avoid creating a climate of finger-pointing which could lead to a collapse in staff morale. Never confront a suspect without firm evidence, and bear in mind that the culprit might not, after all, be on the staff.
Anne Sheldon, managing director of the Child & Co chain, says a company's rules should spell out that theft or unauthorised possession of property belonging to the nursery, its staff or customers is regarded as an act of gross misconduct which could lead to summary dismissal. 'We take the view that if we cannot trust someone not to steal from other people, how can we trust them with other people's children? You cannot close your eyes and pretend it is not happening. But usually it is very hard to catch someone.'
June O'Sullivan, operations and training manager of the Westminster Children's Society, says, 'You need hard and fast evidence if you are going to confront someone, or you might ruin someone's life and reputation.'
But finding evidence is not necessarily straightforward. Diane Sinclair, employee relations adviser at the Chartered Institute of Personnel and Development, says, 'One of the major areas to be considered is how you investigate the matter, because there are key issues around employee privacy to be taken into account. This area has grown in prominence over the past year because the Information Commissioner who monitors the Data Protection Act has issued a draft Code of Practice on employee data.'
The code covers matters such as the way employers may monitor employees. 'It is quite stringent in its provisions. Employers have to be cautious about how they investigate so they don't contravene the laws on employ-ee privacy,' says Diane Sinclair. 'You have to have a clear suspicion of criminal activity before you can covertly monitor. If you monitor them and receive information that is not about criminal activity, you cannot use that information, in most circumstances, other than for the purposes for which the monitoring was conducted.'
Warning to all
Both Child & Co and Westminster Children's Society have sent memos to staff telling them when there have been thefts on the premises. Anne Sheldon explains, 'We issue a general warning to staff in which we say we are aware that things have gone missing. We ask for the person to return the items to the manager's office at a time when we know the manager won't be there. It does put a stop to it, as the culprit knows we are aware.'
Diane Sinclair says, 'It would be a better approach if the warning were worded so that you were alerting people to be more vigilant because you were concerned about their property.'
The Childcare Corporation's communication director Stephanie Nimmo takes a different view. 'In a nursery there is a tight-knit environment and you have to have a certain level of trust and to operate as a unified team. If we suspected somebody we would observe and gather evidence. If there was any evidence, they would be spoken to by the manager on a one-to-one basis.'
June O'Sullivan says, 'We may take a whole-team approach. We have sent a general memo identifying the problem and asking staff to be vigilant and warning staff that we would put the memo on their personal records. We have also interviewed each member of staff, ensuring no one is singled out.
'Use the interview to identify patterns, odd connections and links. Then you may need to use the "balance of probability" to make a judgement. If you suspect someone, avoid confrontation and talk to them in such a way that they either confess or implicate themselves. Ask questions such as, "Don't you think it is odd that you were there on both occasions? Can you help us by throwing any light on the matter?" If they don't admit outright but the pattern clearly indicates they have a part to play, then you may use the balance of probability to accuse.'
Interview training
Anne Sheldon says the Child & Co managers have been advised on how to conduct such interviews. 'We have said to managers that just because someone giggles or is tongue-tied, it does not mean they are guilty. They might just feel uncomfortable. Our managers have training in body language.'
Crimes should be reported to the police, but Diane Sinclair says, 'I have spoken to a few organisations and most don't want the police involved. They are happy to be rid of the culprit.'
There can be further complications with what is called petty pilfering, when staff fall into the habit of taking stationery or stamps and feel they are doing nothing wrong.
June O' Sullivan says, 'This is really linked to the culture of the organisation. You have to think about the example you set. Have you set the example that photocopying is ok or taking an occasional stamp is ok?
'Managers should set clear standards of practice so there is no room for inequality. It can never be the case that it is all right for someone to do one thing but not all right for another.'
Preventive measures
* Allocate staff members strong, lockable lockers.
* Keep an honesty box for stamps.
* Explain to staff when they join that they can use the telephone for personal calls only when it is urgent.
* Set a code on the photocopying machine to prevent unauthorised use.
* Restrict access to the petty cash box.
* Keep the stationery cupboard in the manager's office and, in a non-aggressive way, query any excessive use.
* Make a staff member responsible for ordering stationery so there is peer pressure to control staff use.