Unfair Dismissal - Company Discount Card

Pleck

I have been living for 12 months in my sisters flat rent free (can't sell home in another town!)

I work for a well known retail company that allows employee discount at 25%.

My sister moved house with her boyfriend and I used the store discount card to buy her a moving in gift, a piece of furniture which was delivered to her house.

Store manager called me in - said that the use of the card was against the conditions of issue and amounted to 'inapproriate/dishonest use as it was payment in kind' i.e. it was my rent payment to my sister for 12 months?

This was gross misconduct and I was summarily dismissed and escorted off the premises.

This has blown my mind and doesn't seem fair, but I'd be interested to hear what others might have to say!

hr100

Does sound very odd.

First of all, how long have you been working there?

Pete111

Agree sounds debatable. Have you worked there a year or more?

Can you give us more detail on what the terms of use of the employee discount scheme are and the value of the item you bought?

The companies case seems to hang on

a) You breaching the terms of th discount scheme
b) you breaching it so significantly that it's deemed gross misconduct
c) That you used the scheme to pay for your accomodation (odd that they would know your personal circumstances but hey)

Pleck

I have been working for this company for over three years.

I believe the key term of use of the discount scheme is;

'You may claim discount only when you are making a purchase with your own money or the money of someone who is entitled to share your discount benefit.

What you buy with discount must be for your own use, or for the use of someone who is eligible to share your discount, or a genuine gift.'

The fact that the item ordered was not delivered to my address led to questions being asked - which to be frank, I answered without worry because it was a gift - it was their interpretation that this was a 'payment in kind' I can't understand how a gift valued at about £600 can be considered payment for rent of over £6000?

kiddy_guy

Well in that case, the discount clause is clear.

You bought this as a gift. What your manager believes or does not believe is subject wholly to conjecture. He CANNOT prove categorically that this was not a gift. If it was a £6 gift or a £60000 gift - the value does not matter.

The fact that the delivery point is elsewhere is also immaterial.

The only question is why does your manager believe that it is payment for rent? Have you told him something like this, and therefore if so, have you shot yourself in the foot? If so, you might have stuffed yourself.

Have you anything in writing from your employer? I personally think that you are within the acceptance of the policy, but much depends on the conversation you had. Assuming it was just you and him in the room, you can deny everything!

CFC

Pleck wrote: »

I have been working for this company for over three years.

I believe the key term of use of the discount scheme is;

'You may claim discount only when you are making a purchase with your own money or the money of someone who is entitled to share your discount benefit.

What you buy with discount must be for your own use, or for the use of someone who is eligible to share your discount, or a genuine gift.'

?

The manager cannot prove it was not a genuine gift. Your first step is to appeal against the outcome in writing. You generally have 5 working days to do so, your outcome letter will tell you. If you do not do this you will not be able to take them to an ET

DCodd

Can I ask, how did he know you were living there rent free?

payless

had you previously been given an offical warning for a similiar incident ?

ALIBOBSY

If this is debenhams, I know 2 people at the local store here one of whom has been there for over 20 years being sacked for issues around discount cards. They are both appealing, but were sacked and had to find jobs elsewhere. They were both managers as well, and were told on the qt that they are looking for any excuse to sack people now rather than make redundant later and pay them off.

ali x

Debt_Free_Chick

Pleck wrote: »

I have been working for this company for over three years.

I believe the key term of use of the discount scheme is;

'You may claim discount only when you are making a purchase with your own money or the money of someone who is entitled to share your discount benefit.

What you buy with discount must be for your own use, or for the use of someone who is eligible to share your discount, or a genuine gift.'

The fact that the item ordered was not delivered to my address led to questions being asked - which to be frank, I answered without worry because it was a gift

What, exactly, did you say?

Did you say "it was a gift because my sister allowed me to stay at her place rent free"?

DCodd

It would appear that Pleck has left the building?????