sacked...

slim1690

LadyMissA wrote: »

is the other job for another betting firm?

Its within the same industry but slightly different.

Torry_Quine

slim1690 wrote: »

The only defence I could offer to that point is that I didn't have a staffroom or staff area in the shop away from the counter. The CCTV clearly shows me still making eye contact with the test bettor and serving her in the correct way. The deputy manager was also in the shop and reading a newspaper but he was not sacked despite previously failing a similar audit just 4 months previously.

slim1690 wrote: »

Having contacted other companies in the immediate aftermath of my dismissal, I received many knockbacks, companies saying they won't go near anyone dismissed from another firm or in dispute with another firm, so I took the chance on this one in the hope they wouldn't do a thorough reference check. I still hope that's the case and that the meeting on Monday is something completely unrelated, but if it isn't, I struggle to see where I'm going to get another job, which is unfair, because unlike a lot of people I don't want to be claiming benefits, I want to work and that's what I've done since I was 18.

Having no staff room is really no excuse for texting during working hours. The phone should be switched off.

Honesty is always the best policy and you have to be upfront to any prospective employers. Yes some will not want to employ you but then they will sack you when they find out in all likelihood but there are employers who will give you a chance. The best thing is to explain the circumstances and emphasise the positive aspects, that this was the first time for instance.

Hope it goes well on Monday.

Macca83_2

If the policy is called Think 21 and you don't think the customer looks under 21, i don't see how they can sack you. Their whole policy is very subjective. Someone that looks under 21 to one member of staff, may look older to a another member. How can they say that you've failed the audit if you're perfectly within their policy guidelines. There's a huge hole in their logic and if it was me, i wouldn't let this lie.

LadyMissA

Macca83 wrote: »

If the policy is called Think 21 and you don't think the customer looks under 21, i don't see how they can sack you. Their whole policy is very subjective. Someone that looks under 21 to one member of staff, may look older to a another member. How can they say that you've failed the audit if you're perfectly within their policy guidelines. There's a huge hole in their logic and if it was me, i wouldn't let this lie.

Seems a bit silly to me as my sister was asked in a supermarket yesterday when buy some lager if she was over 25! She is 44! LOL

Macca83_2

LadyMissA wrote: »

Seems a bit silly to me as my sister was asked in a supermarket yesterday when buy some lager if she was over 25! She is 44! LOL

I bet your sister was delighted! lol

LadyMissA

Macca83 wrote: »

I bet your sister was delighted! lol

No she told the 'kid' serving she was twice his age and old enough to be his mother!

Anyway shows that who looks one age can look another to others

bluenoseam

1 - you signed the policy stating that failure to adhere would be considered gross misconduct would cause a dismissal. Now it seems harsh, but this time you were lucky, this time the test customer was 19, but that could very easily have been a Trading Standards visit and rather than a 19 year old could have been a 17 year old who "looked about 24". In that situation you'd probably find yourself with a criminal charge & looking towards I'd guess a prison sentance & fine!

2 - you were reading a newspaper and or texting at the time, how professional do you think that looks to the punters in the shop? I know it sounds harsh, but ultimately if I was in placing a bet I would think particularly if you were texting that I was definately not a priority.

3 - you mention the assistant manager, forget him, he is not you, you are not him, two different cases. You were the shop manager, that means you HAVE to hold a higher standard than anyone else in the store and should know better. Besides that fact, when he failed it's possible that he was NOT distracted at the time which well, by point number two, you clearly were.

I genuinely feel for you, but I've worked in an age restricted industry for long enough to understand that you DON'T muck about with that stuff, you make sure you're 100% right 100% of the time. Where I worked we knew the consequences - 6 months in jail & up to a £5k fine and in most cases it would be considered gross misconduct in 99.9% of cases resulting in your termination. On top of that the company also faced sanctions (including a hefty fine & potential withdrawl of their license to retail age restricted products) - that was DVD/games retail, so I would imagine it would be similar for betting or alcohol.

You must also realise the reluctance of potential employers to take you on in similar roles, you've made that mistake once, chances are they WON'T let you make it a second time. If I were you I would look more towards figuring out how to explain your mistake to potential employers in new sectors & what lessons you've learned from it. Trying to hide it would only make you look guiltier than you actually are, you made a mistake, everyone does from time to time, but hiding it makes it seem like you were robbing off them!

See what ACAS say, but ultimately you violated policy & signed documentation saying you agreed with the punishment if caught for the crime. Bang to rights I'd say.

mynameistallulah

I agree with bluenoseam. If it went to tribunal all the employer would need to demonstrate is that the dismissal was within a "band of reasonable responses", and given the fact that the error/ negligence could have had legal implications, and the seniority of the OP, it seems quite reasonable to me.

onthewayout

To the OP, you were doing it wrong but immediate sacking still seems harsh. Still, it was your mistake and I don't think disputing this will help you.

Basically you have two options. Either own up and try to explain when you go for another job, or leave it off your CV and fill the gap with something else. Have you been studying recently and could you get a tutor or teacher's reference? If not, you can get a start in some sales jobs on the basis of an interview and passing tests, or you could look at starting your own business. Try and get a place to stay with friends or family to cut your costs while you sort this out (I'm assuming you moved out already?)

Some will say honesty is the best policy, but I can't see how owning up to being sacked for gross misconduct would ever do you any good. It sounds far worse than just making an error of judgement, and to be honest I doubt you would ever get hired anywhere that checks that reference. Better face up to that now while you still have some money in the bank. Good luck.

vax2002

To be honest would you want to work for such a **** firm ?

I would appeal the companies own grievance system and then take them to the tribunal.
I think you would have a very good case of entrapment.