iPhone stolen

Valli

pinkshoes wrote: »

I would chase the supermarket AND the employee. If they include theft as gross misconduct, then surely they are liable??

My guess is Tesco on Cowley Rd?

Not read the thread, then?

Markee

pinkshoes wrote: »

My guess is Tesco on Cowley Rd?

Closest yet!

CoolHotCold

Valli is right, and has backed it up with a current law. Until someone states otherwise or provides a case where it is disproven or rules differently under common law then the employee has no legal liability for personal theft.

It's all fine arguing one way or another, but if a law or previous ruling exists then its in black and white.

Sorry but OP's going to be out of pocket on this one, best bet is to write to the Sun (email the Sun and CC the shops PR department) about the situation. Even if the Sun doesn't publish it, the PR department will go bonkers (as bad PR causes mess like nobodies business, and if its Tesco/Asda a lot of their shoppers are Sun readers too.)

Markee

CoolHotCold wrote: »

the employee has no legal liability for personal theft.

In this context, don't you mean employer?

ZenUK

As soon as the phone was handed in to the member of staff the person had a duty of care to look after it until it was claimed. If not then the person would be negligent and would be a breach in their duty of care to the OP property.

Hence the OP should reply to the Supermarket stating member of staff was working at the time and was contracted for Customer Service duties when he handled the Iphone.

The staff member failed his duties in this regard. The Supermarket as the overiding employer has to take ultimate responsibility for the actions of this employee. The OP should also CC in the CEO of Supermarket and local MP for good measure when replying.
Good Luck

arcon5

ZenUK wrote: »

As soon as the phone was handed in to the member of staff the person had a duty of care to look after it until it was claimed. If not then the person would be negligent and would be a breach in their duty of care to the OP property.

Hence the OP should reply to the Supermarket stating member of staff was working at the time and was contracted for Customer Service duties when he handled the Iphone.

The staff member failed his duties in this regard. The Supermarket as the overiding employer has to take ultimate responsibility for the actions of this employee. The OP should also CC in the CEO of Supermarket and local MP for good measure when replying.
Good Luck

Read post #29

ZenUK

arcon5 wrote: »

Read post #29

Ahh, I must of glazed over that post.

A good lawyer could argue that it was a detour rather than a frolic since all the actions were carried out at place of work and when employee was working.

However swinging between a detour and frolic exchange would only occur before a Judge and I doubt this case would even get that far.

To move to a resolution I would still write to a strong letter. To preserve the goodwill of the victim to the SM he should be reimbursed.