Suspended due to Gross Misconduct? Help?!

sadandlonely

I take the points too if I have carried them out in my handbag. At the end of the day, they don't state what a bag is! Your not paying 5p for a bag at the end of the day.

Good luck, hope you manage to get through this and carry on working there.

hcb42

I think the crux is it was a staff member who was awarded the points that might be the reason they have taken this action

I still think it is overkill for GM though, and yes I would also just show genuine remorse and hope they accept that and act reasonably

devils_spawn

I do investigations for a living and many years back, I done small scale investigations similar to what the OP has described.

This is what you need to know:
1. During your induction, did you get specific training on issuing nectar points?
2. Was that training documented?
3. Did you sign anything to say you understood the policy?

This is what Sainsburys need to do:
1. State clearly the reasons for your suspension
2. Give you full copies of any evidence they intend to use
3. Give you a minimum of 24hrs notice of any meetings - if you are bringing a colleague or union rep then they must allow time for you to arrange this and ensure that person can attend)
4. Ensure you are kept on full pay whilst the investigation is completed
4. Allow you to bring a work colleague or Union Rep to any disciplinary meeting (they do not have to allow this for investigative interviews - but it is best practice to allow a colleague or union rep in ALL meetings)
6. Give you an opportunity to explain your actions to your line manager (who should be holding any disciplinary meeting) and a member of HR who should also be present

This is what you should do to prepare:
1. Keep a diary from the moment you were suspended detailing all contact you have had from your employer
2. Do not enter any Sainsburys stores (this is normally a condition of suspension)
3. Do not contact work colleagues (again a condition of suspension)
4. Depending on whether or not they could prove you have been sufficiently trained
- If they can produce training records then explain that you found it to be ambiguous and have misinterpreted the policy
- If not, then explain you have not been trained and you believed what you were doing was in line with policy but are happy to submit to further traiing
5. As most people have noted, you can be dismissed with no real comeback legally. However, you WILL have the right to appeal any disciplinary decision, now this is extremely important!
- If you are given a warning, whether verbally, 1st written or final written then accept it and keep your nose clean, if you appeal they could overturn it to a dismissal
- If they dismiss you then prepare an appeal based on your honest understanding of what has happened. The appeal should be heard by your Line Managers Manager and a different member of HR

The 'Gross Misconduct' gives them multiple 'sub' reasons to dismiss such as:
1. Breakdown of employee - employer trust
2. Breach of procedures resulting in a loss to your employer
These are just 2 examples but there are many many more!

Honestly, from an investigators point of view, it seems very strange that they suspend you immediately over a few points as you claim - normally for something so trivial, you should be told you are doing something wrong and given new training. The complexity may be that the number of points are considerable or more importantly, that other employees are benefiting - but if that was the case then action should be taken against those employees at the same time.

I wish you all the best, but I would be keeping me eye open for new jobs for two reasons:
1. This could result in dismissal
2. Do you really want to work for a company that appears to over-react to a trivial matter? (I say appear since we only have your side of the story)

If you strongly believe you are going to be dismissed then you must prepare yourself for the fact that you will not get a good reference, if you resign during the investigation then they will state that on any reference. If you are dismissed, then again this would be stated on a reference. If however you are only given a warning, that is not normally disclosed on any reference to a future employer.

Whilst this is a difficult time for you, there is nothing you can realistically do until you see all the evidence against you. Try to keep yourself busy and not dwell on the issue as it will increase you stress levels and can have a detrimental impact on family life.

devils_spawn

Just to add...

Suspensions are normally only dealt out where the employee is deemed to be a risk to the business, it's employees and/or customers.

Undervalued

devils_spawn wrote: »

.................
This is what Sainsburys need to do:...............

That great long post would be excellent in other circumstances but for one thing.......

The OP has only worked there for seven months so Sainsbury's don't NEED to do any of it if they don't want to!

I can't imagine for one moment that following their full disciplinary procedure is a contractual entitlement so they could just dismiss immediately. Even if it was an entitlement then all that would get the OP is a few days pay for however long it would have taken them to do it by the book.

devils_spawn

Undervalued wrote: »

That great long post would be excellent in other circumstances but for one thing.......

The OP has only worked there for seven months so Sainsbury's don't NEED to do any of it if they don't want to!

I can't imagine for one moment that following their full disciplinary procedure is a contractual entitlement so they could just dismiss immediately. Even if it was an entitlement then all that would get the OP is a few days pay for however long it would have taken them to do it by the book.

Technically that is correct - however, knowing Sainsburys, the contract and employee handbook states the disciplinary procedure they must follow. If they fail to follow this procedure then you CAN raise a claim of breach of contract against them. (Unless it states that the disciplinary policy only applies after 2 years service).

Raising a claim against them for breach of contract may sound difficult, but if it does happen that they do not follow their own procedures, then (and provided you have a copy of the procedures that should have been followed and evidence of how it was NOT followed) you can arrange a meeting with CAB. When seeing citizens advice, ask them to put you in touch with community legal services who will assess the case and may take it on.

getmore4less

Undervalued wrote: »

That great long post would be excellent in other circumstances but for one thing.......

The OP has only worked there for seven months so Sainsbury's don't NEED to do any of it if they don't want to!

I can't imagine for one moment that following their full disciplinary procedure is a contractual entitlement so they could just dismiss immediately. Even if it was an entitlement then all that would get the OP is a few days pay for however long it would have taken them to do it by the book.

allthough they can just sack people one reason employers like Sainsbury put the disciplinary process in place is to control managers being vindictive and create a more level playing field for employees.

doing it by the book means following the company process because it is the right thing to do.

martinthebandit

Penster12 wrote: »

me giving a fellow employee a bag point for her putting her shopping in her handbag

I suspect its the 'fellow employee' bit that's going to bite you.

makeyourdaddyproud

nobblyned wrote: »

Comparing the Op to a child? You are a moron

Yes. I spotted that. A nice gold badge from the Bigot's Gallery together with Nectar points safely on its way to them would be in order, I think.

Undervalued

devils_spawn wrote: »

Raising a claim against them for breach of contract may sound difficult, but if it does happen that they do not follow their own procedures, then (and provided you have a copy of the procedures that should have been followed and evidence of how it was NOT followed) you can arrange a meeting with CAB. When seeing citizens advice, ask them to put you in touch with community legal services who will assess the case and may take it on.

Indeed.

But, as I said, the maximum value of any such claim would be pay for however many extra days it would have taken them to do it by the book. OK, that may be a couple of hundred pounds but it is not riches, doesn't get the job back and isn't going to help the quality of the reference!