Suspended due to Gross Misconduct? Help?!

Torry_Quine

Penster12 wrote: »

I haven't been warned in the past but I do this every time I work there and they have only written down specific dates on the letter I received and think It may have something to do with me giving a fellow employee a bag point for her putting her shopping in her handbag as I have been informed by another employee that she is the only one that has been asked to give a statement and he has seen her showing a receipt to the duty manager?
Also I have only worked there for 7 months.
I don't want to contact them and ask them what the exact reason is as I was told not to contact any other employees that may be involved

Sadly having only worked there for seven months you can be sacked for any non discriminatory reasons.

Penster12

Torry_Quine wrote: »

Sadly having only worked there for seven months you can be sacked for any non discriminatory reasons.

I know this, I just hope that it doesn't come to that because I know for a fact that im not the only one who gives out thesebag points for the same reasons I do but I don't want to be getting other people into trouble by giving them names

zzzLazyDaisy

Penster12 wrote: »

Also I have only worked there for 7 months.

This is your biggest problem.

If you are dismissed, you have no right to make a complaint to an employment tribunal because you have less than two years service. What this means in real terms is that your employer can dismiss you knowing that you have no comeback.

In that situation, in your shoes, I would be holding my hands up, showing genuine remorse, accepting that I did do what I am accused of doing (ie giving a point to someone who did not bring their own carrier bag), explaining that I did not know/understand that this is what the policy meant, and assuring them that it would not happen again.

Penster12

zzzLazyDaisy wrote: »

This is your biggest problem.

If you are dismissed, you have no right to make a complaint to an employment tribunal because you have less than two years service. What this means in real terms is that your employer can dismiss you knowing that you have no comeback.

In that situation, in your shoes, I would be holding my hands up, showing genuine remorse, accepting that I did do what I am accused of doing (ie giving a point to someone who did not bring their own carrier bag), explaining that I did not know/understand that this is what the policy meant, and assuring them that it would not happen again.

Thank you, Will try it and see what happens when the meeting comes

fruitedeli

Penster12 wrote: »

I know this, I just hope that it doesn't come to that because I know for a fact that im not the only one who gives out thesebag points for the same reasons I do but I don't want to be getting other people into trouble by giving them names

If you kicked enough of a fuss through HR they'd probably let you off the hook. It's bad publicity if customers knew they sacked an employee for awarding nectar points for bag reuse. Technically you've done nothing wrong since Sainsbury's made the mistake of not explaining what constitutes a bag. A large company like Sainsbury's isn't likely to invite bad publicity by just sacking someone without a good reason.

Southend1

Realistically, I think they are unlikely to sack you for giving one point to someone who puts their shopping in their handbag (even multiple occurences). This is clearly a training issue. Your union rep should be able to help you argue this pretty convincingly. However are you sure you haven't inadvertently (or deliberately) awarded someone a large number of points?

Penster12

Southend1 wrote: »

Realistically, I think they are unlikely to sack you for giving one point to someone who puts their shopping in their handbag (even multiple occurences). This is clearly a training issue. Your union rep should be able to help you argue this pretty convincingly. However are you sure you haven't inadvertently (or deliberately) awarded someone a large number of points?

No I wouldn't even think to award someone more than they actually deserved so I wouldn't think that it would be related to that. But honestly I have no idea on what exactly it is about as I haven't been told Im basically just waiting for a phonecall so I can ask every question possible!

agrinnall

If that really is their policy then I'm guilty of it too, if I use the self service tills, which I usually do, and put some of my shopping into a rucksack, then I would count that as a bag when the screen asks me how many of my own bags I've used.

Undervalued

ohreally wrote: »

You should have been informed of the reason for the suspension.

They may have breached their own procedure by acting this way.

Maybe but disciplinary procedures are rarely contractual. Even if they were and have been breached, all that would entitle the OP to is a few days pay for however long it would have taken them to do things properly.

More relevant is only seven months service.........

InsideInsurance

fruitedeli wrote: »

Well it's not a mistake. Sainsbury's chose not to explain what is a bag so anything that can be held with your hand and holds items is a bag.

That depends on the exact wording given in training materials/ company policies etc the OP agreed to follow.

If that explicitly said carrier bag then to give for a handbag could be an issue. You can argue that it is a mistake because all the public material is simply bag rather than carrier bag and so defend the issue.