Sacked for gross misconduct- should I appeal?

Quileutegirl

high reductions rate many members of staff Inc managers continued to put reduced items away. Many occasions myself and other customer assistants were asked to reduce items on demand for various members of staff and it was common policy in store to keep some reduced items from different departments for one another.with such a high volume of reduced stock it wasn't uncommon for us to just waste(bin) huge amounts of perfectly good food Inc finest meals, meat, fresh produce etc at 10pm if it was unsold. Alot of nights myself and other staff were reducing alot of item Only to waste them an hour later as our store wasn't getting as much custom as expected. Then around 6 months later we were re issued with another shopping policy ( which I do not recall signing) which merely highlighted the issues of the first. Still reductions & storing by staff went on. Deputy manager stored sale flowers in my department, depending on duty manager, amount of reductions managers would still allow us to do final reductions and store items from fresh. Certainduty managers would store items to reduce to final later on and it was widely known and practiced.
It was around 12 months after store opened near the end of my late shift that sercurity manager who was also duty that night spotted me storing reduced items which I late final reduced to 80% which was standard (as was 10p stock).she also spotted a member of staff reducing an item on " today's date" & offering it to me during my shift. Member of staff was given a warning. I was called into the office were I was interviewed and suspended for breach of updated policy. A week later I was interviewed by store manager & I had a union rep(a team leader from instore who had also stored goods) present. I was advised by her to name all members of staff that reduced/stored reduced goods. Already feeling embarrased and ashamed I refused to name all of my collegues just because I was in trouble but I made it clear it went on daily and named four managers/team leaders that had allowed/reduced/stored goods on occasions, one of these people being the best friend of my usdaw rep! Interview was ajourned so staff could be interviewed. 2 weeks late & suprise, suprise! It was almost as if somebody had informed them that they wer go be interviewed! :T3 out of 4 team leaders denied ever doing such things and 1 member admitted to it but only before signing the 2nd. Shopping policy. Which can I add was almost identical to first, and regardless of 1st or 2nd it was still a company policy. No action was taken against that member, and a handfull of "select" staff members, some of whom were irrelivent to the issue gave statements that they had never seen managers reduce/ store goods!!! One member said they had seen it but couldn't name names? I myself and several other members of staff had witnessed/taken part in what was common store practice but none of them wer questioned and many issues wer just overlooked. I was told that the week before due to early closing at Xmas staff were allowed to final and purchase large amounts of stock with permission from store manager because it suited yet I was there I was being given the sack by him as he believes it is not common practice and I alone was found to be deceitful dispite the fact that I was obviously not alone I did except that I of course was responsible for my own actions regardless of whoever else was guilty. I was ashamed and un reservidly apologetic and even claims by my union rep(who I do not believe to have represented me correctly and professionally) that she had seen skincare items stored a few days previously, I was the only sacked for Gross misconduct just like that from a job that I adored and gave 100% to : ( I was not given access to statements before my interview, serious personal issues were not taken into account and internal inquiries were done to favour managers... Was I wrong to feel like I was made a scapegoat?

Paul_Varjak

Some years ago I was in a similar situation to you and I learned the best way was to ignore all the thievery going on and just do your own job honestly. Just because other workers think that dishonesty is OK in the work place, you need to rise above it and just act honestly yourself.

Unfortunately, I think you may have problems claiming unemployment benefits because, no doubt, the Job Centre will check with your former employer as to why you were sacked.

I doubt you could claim unfair dismissal either, probably just better to ignore the episode, chalk it up to experience and don't get involved in anything similar even if your co-workers consider it the norm.

safesound

No you're not wrong to feel that way but seriously did you expect them to put themselves in the firing line by saying they did it too?
It is a common occurrence in any shop that hold a large amount of short dated stock. It happens all the time in my store (I don't work for Tesco btw) and its against company policy with us too "just do it when the store manager isnt here" or "just make sure the store manager doesnt find out" is usually what anyone is told if they ask about it. I personally dont see what the harm is if its going to be wasted anyway, but if its against the rules then its not something I'm going to be doing. I used to buy allot of previous day dated meat for my ferrets (luckily they cant read calenders ) but that was made against company policy too so I stopped that as well. Its their loss at the end of the day.

SarEl

NO - but I am afraid that whilst you may have been a scapegoat, you are one that got caught. I admire your honesty, and also your refusal to grass up your colleagues. The problem is that whilst I believe everything you have said about the practice, you cannot prove a word of it. You knew the policy (as did everyone else) and you broke it. The fact that others broke it is not an excuse, and doesn't provide an adequate defence. Perhaps unsurprisingly, nobody has stepped forward to say that this was going on every day and that everyone was doing it, nobody else has provided any evidence of the practice, and without someone doing so it leaves you very much high and dry. You say that none of the other people you know knew about this were questioned - but not did the volunteer to give evidence, and I assume that you didn't ask them to.

Personal circumstances do not have to be taken into account. You have th right to raise them, but the employer does not have to do anything other than listen - they do not have to accept them.

If you have more than 52 weeks employment you could try an appeal / tribunal claim, but I am not sanguine about your chances. You have no evidence to support your claims (although as I said, I believe you are telling the truth), and unfortunately the employer does have evidence that you did it. I really am sorry - it seems utterly perverse for the employer to be so harsh about this, especially since you have been honest and made no attempt to lie. But I do not believe that there is an awful lot you can do. By all means appeal - at least try to get this overturned. And good luck if you decide to do so.

WhiteHorse

Quileutegirl wrote: »

Was I wrong to feel like I was made a scapegoat?

If it was as you describe, then you certainly were picked out as a handy scapegoat (and a feather in the cap of the overpaid 'security manager').

Unfortuantely, any appeal will revolve around the question of whether or not you broke the rules. The answer to that is yes you did, repeatedly. However, the fact that the rules were ignored wholesale by staff and managers alike could count is a point in your favour.

Whether to appeal? Your chances are not good. On the other hand, a dismaissal for Gross Misconduct will present a serious problem, so you may not actually have any choice other than to appeal.

I would expect your union representation to be rubbish, it often is. Very few workplace reps have the skill or ruthlessness (and that's what it takes), to fight and win. You need a full time union professional to represent you.

Go back to the union, explain your situation and point out that the workplace rep was also involved.

*Kat*

I feel bad for you, but at the same time you knew what you were doing was wrong so have to deal with the consequences I guess

Sambucus_Nigra

We have had another thread on here like this; however you were witnessed doing it and have admitted it.

However, that's what happens when you are caught. Or when the management take a dislike to you. They let things 'go' until they need to use them against you.

The only way I can see you getting anything out of this is to try and see if they didn't follow the disciplinary procedure. Did you have a copy and did they follow it?

Hammyman

Sambucus_Nigra wrote: »

The only way I can see you getting anything out of this is to try and see if they didn't follow the disciplinary procedure. Did you have a copy and did they follow it?

If its gross misconduct, which theft is in virtually all companies, disciplinary procedures don't need to apply if they believe it is serious enough.

Uncertain

I suspect this is one of those situations where, with sufficient effort, you could pick holes in some of the procedures. However, whilst this might be enough to get you a technical "win" at a tribunal you may very well find that the compensation is reduced to zero - effectively getting you nowhere.

It is also possible by making enough fuss you may get the firm to agree a small settlement simply because it is cheaper or because they would rather not have the publicity of tribunal. The big advantage of this is that you could agree a reference as part of the deal

If everything you say happened was dragged into the public domain it dose little for the firm's image. The problem is it doesn't do much for yours either. It really depends on the firm's view on this.

Do you know anybody who has left the company (preferably of their own free will!) who would be prepared to say what went on?

Uncertain

Hammyman wrote: »

If its gross misconduct, which theft is in virtually all companies, disciplinary procedures don't need to apply if they believe it is serious enough.

Not exactly!

Whilst they could dismiss for a first offence they still need to follow a proper fair process.

Sambucus_Nigra

Hammyman wrote: »

If its gross misconduct, which theft is in virtually all companies, disciplinary procedures don't need to apply if they believe it is serious enough.

They should follow due process precisely because it is so serious.