Sacked for gross misconduct- should I appeal?

Jeff_Bridges_hair

Sambucus_Nigra wrote: »

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

I believe they did through the suspension and then the interview with her at a later date.

what i did notice was this

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.

do you know this member of staff really well? Would they be able to put up sufficient defence for you that s/he also got caught doing the same thing but got let off with just a 'warning'. The Store Manager should have this in the person concerned staff file if they do and this is probably your only hope to actually showing that they were being unfair in your dismissal.

Otherwise as said above i dont think you hold much hope if im honest.

janb5

Paul_Varjak wrote: »

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.


No you can claim JSA if you are sacked.

dickydonkin

WhiteHorse wrote: »

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.

So having skill and ruthlessness are the required traits of being a union rep/branch official?

What about knowing a reasonable amount of employment law and having excellent communication skills which are very important?

My experience as a branch official was to talk to management - not to alienate or be ruthless with them and I believed that this was always the best approach to a dispute, grievance or conflict.

Being 'ruthless' is not the right way - it is very difficult nowadays to withdraw your labour and the day of 'out boys out' are thankfully gone - although there are still a few dinosaurs out there.

Tarring all union reps with the same brush is somewhat unfair and and suggesting the majority are 'rubbish' is a very crass and generalised comment to make IMO.

hollydays

I think you should approach someon higher in the union.The fact that your union rep was involved is ludicrous,and should never have represented you.This is highly unethical.If your manager has instructed you to do something,and then you are scapegoated that is very wrong.

hollydays

safesound wrote: »

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.

You are saying theft is common practice?Everywhere?

safesound

I think you have misunderstood me, its not that complicated but I'm probably not explaining it adequately. The general practice of keeping stuff by for yourself isnt theft because you are paying the price that customers would pay, its just not being put out on the shelf. ie. at 2pm everything with todays date gets marked 50% off, I spot something I want so I store it out of sight of customers. At 6pm everything with todays date gets a further 25% taken off the price but mine doesnt as it is hidden and still only 50% off the same as it would have been had I bought it at 2pm therefore the company has no loss.
The only reason it is against company policy to do this is because it is open to abuse by unscrupulous employees who reduce it to the maximum amount (ie, what it would be at the end of the night) without giving it a chance to sell at a higher price (yes this is theft IMO)

hollydays wrote: »

You are saying theft is common practice?Everywhere?

No I'm saying that in my experience (15+ years in food retail) the act of keeping reduced goods aside for staff is so common as to have happened in every store I've ever worked in to one degree or another.

WhiteHorse

dpassmore wrote: »

So having skill and ruthlessness are the required traits of being a union rep/branch official?

Yes.

What about knowing a reasonable amount of employment law and having excellent communication skills which are very important?

Those come under the heading of 'skills'.

My experience as a branch official was to talk to management - not to alienate or be ruthless with them and I believed that this was always the best approach to a dispute, grievance or conflict.

You have to talk, but you don't have to be a doormat.

Being 'ruthless' is not the right way ...

It's the only way. You can - and should - be diplomatic, but without the killer instinct you won't stand a chance.

Lawyers are not noted for being soft, are they?

- it is very difficult nowadays to withdraw your labour and the day of 'out boys out' are thankfully gone - although there are still a few dinosaurs out there.

Ruthless refers not to 'downing tools' (although one should be willing to apply this sanction if necessary), but to the approach required to arrive at a successful conclusion.

Tarring all union reps with the same brush is somewhat unfair and and suggesting the majority are 'rubbish' is a very crass and generalised comment to make IMO.

'Often' does not mean 'always'. It means 'very frequently'. The observation was based on many years experience as a successful steward.

Middy

safesound wrote: »

No I'm saying that in my experience (15+ years in food retail) the act of keeping reduced goods aside for staff is so common as to have happened in every store I've ever worked in to one degree or another.

I have worked for food retail on and off 5 years. We even had shelves in the chiller in the back dedicated to this! Just needed to use a small crate and label your crate up to pay after work!

dickydonkin

WhiteHorse wrote: »

Yes.


Those come under the heading of 'skills'.

You have to talk, but you don't have to be a doormat.

I have never suggested otherwise

It's the only way. You can - and should - be diplomatic, but without the killer instinct you won't stand a chance.

So what is your definition of having a 'killer instinct' in respect of being a union rep?

Lawyers are not noted for being soft, are they?

You can hardly compare a Lawyer with a union rep.

Ruthless refers not to 'downing tools' (although one should be willing to apply this sanction if necessary), but to the approach required to arrive at a successful conclusion.

Which is..................??

'Often' does not mean 'always'. It means 'very frequently'. The observation was based on many years experience as a successful steward.

A bit of a play on words don't you think?

I suppose everyone has their own methods of dealing with disputes/grievances etc - sabre rattling was certainly not my approach and where some union reps would prefer the 'crude but effective' method, I believe tact and diplomacy reaped a better harvest over the long term.

One only has to look at the industries where militant unions were rife - well you could look - if they still existed!

Liverpool docks, the mining industry, UK motor manufacturers etc... all down the pan or past their heyday.

I'm certainly not totally blaming the unions for the demise of these industries - but they certainly did not help.

I apologise to the OP for drifting off topic, but my rant is over on this subject.