Urgent advice needed?

Question

I was recently (14-07-2008) dismissed from my job for gross misconduct. I was a supervisor in a pub, it was another supervisors last night before she left. We - along with another member of staff - stayed behind after our shift and had some drinks. We did not pay for these, also, the other supervisor smashed a number of glasses. When we left we did not set the alarm properly and the owner came round shortly afterwards. I believe most of what happened was on CCTV. The owner dismissed us all and has not paid our final week's wage or accrued holiday pay. In the last day or so, on the advice of citizen's advice bureau, each of us sent a letter asking for the outstanding payments to be made. The owner has not replied but we have heard from a third party that he has contacted the police today (presumably after receiving our letters). It was not unusual for drinks not to be paid for (in fact when I arrived for my shift the pub manager told me he had been drinking throughout his shift). My question really is what I should do next? Should I contact the police and what, if anything, could I be charged with? Incidentally, I did state in my letter that I was happy for my final wages to be docked to cover any drinks. Also I am from Scotland (answer may be affected by Scots Law?)

Answer 1

Taking drinks without paying for them is theft.  Even if you now offer to pay for them now.  However, your ex-employer still has to pay you for hours worked but not accrued holiday pay.  

Answer 2

Not sure about Scots Law, but in the US if you stay after closing and drink you have violated state Liquor Control laws.  You can stay after, but not drink.  This causes the owner to lose their license.

As to not paying for your drinks, if this has been an accepted practice that the owner was aware of, you did not commit a crime there.  If not, you committed the crime of theft.

As to smashing the glasses, this is destruction of private property, a crime.

As to not cleaning up after yourselves, that is failure to perform your assigned duties and grounds for dismissal.  Yet the owner cannot keep your pay check.  You earned that money.  But he can hold it for damages, if it does not exceed those damages.