gross misconduct at work

smiler6hwoo

hello,i work for a supermarket, a few weeks ago i was accused at work of the theft of a freezer bag worth £6.75 i have had an interview with a manager and have been sacked for gross misconduct,it sounds an open and shut case but i do believe it isnt,i have worked for the company for 11 years have never had a written warning or been sanctioned in anyway,too begin the story i need too go back some years ,it does have substantional bearing on what happened,when i was 16 my mother died of cancer,she had operations,chemotherapy,radiotherapy but she died this had such a bad effect on me ,but as they say life goes on,last year my wife was diagnosed with cancer,she had too have an operation and radiotherapy but hopefully is know free of this,about 5 months ago my son in law too be was diagnosed with leukaemia,he is 29.at the start of the chemotherapy,radiotherapy,catscans,3d bodyscans,blood transfusions,mri scans etc it was thought that he would recover,unfortunately he never will and is know terminal as the cancer is in his brain.over the last 4 months or so my mental health has taken a beating and im currently on antidepressants,on the day in question at 8pm ish i am on cctv picking up a freezer bag from the shopfloor,briefly chatting too staff etc and going too the backstage area,with the bag in question i purchased some frozen items earlier in the day and put them in .some days later i was given a letter for a disciplinary hearing on the 6/9/24 for a freezer bag which was for sale on the shopfloor, to the value of £6.50 without payment or permission,for my own personal gain and at the detriment of the company. This would be considered theft and would seriously impact the trust between yourself and the company

sammyjammy

I don't think the cost of the item is a factor in whether its gross misconduct,  I don't believe the reasons you state, sad as they are, are a mitigation for what you did.  They want to make an example of you to show others the take theft seriously.

Ayr_Rage

Theft from an employer can justifiably result in dismissal for gross misconduct.

elsien

Summary.
You have been dismissed for gross misconduct for stealing a freezer bag.
You did take the freezer bag.
Mitigating circumstances are your mental health.
Your company has sacked you anyway because of the breakdown of Trust. 

Is there a question at all? Are you looking to appeal? Did you have a union support in the disciplinary process?

PinkCristal

smiler6hwoo said:

hello,i work for a supermarket, a few weeks ago i was accused at work of the theft of a freezer bag worth £6.75 i have had an interview with a manager and have been sacked for gross misconduct,it sounds an open and shut case but i do believe it isnt,i have worked for the company for 11 years have never had a written warning or been sanctioned in anyway,too begin the story i need too go back some years ,it does have substantional bearing on what happened,when i was 16 my mother died of cancer,she had operations,chemotherapy,radiotherapy but she died this had such a bad effect on me ,but as they say life goes on,last year my wife was diagnosed with cancer,she had too have an operation and radiotherapy but hopefully is know free of this,about 5 months ago my son in law too be was diagnosed with leukaemia,he is 29.at the start of the chemotherapy,radiotherapy,catscans,3d bodyscans,blood transfusions,mri scans etc it was thought that he would recover,unfortunately he never will and is know terminal as the cancer is in his brain.over the last 4 months or so my mental health has taken a beating and im currently on antidepressants,on the day in question at 8pm ish i am on cctv picking up a freezer bag from the shopfloor,briefly chatting too staff etc and going too the backstage area,with the bag in question i purchased some frozen items earlier in the day and put them in .some days later i was given a letter for a disciplinary hearing on the 6/9/24 for a freezer bag which was for sale on the shopfloor, to the value of £6.50 without payment or permission,for my own personal gain and at the detriment of the company. This would be considered theft and would seriously impact the trust between yourself and the company

When you attended the disciplinary hearing did you tell the manager chairing it about the situation with your wife and son in law? Did you explain you've been prescribed antidepressants? I do think those are mitigating circumstances and if you've been at the company for 11 years with no previous informal or formal warnings, then I think a gross misconduct dismissal is harsh. I would have thought a final written warning would be more appropriate given the mitigating circumstances. We're you given the right of appeal?

Grumpy_chap

PinkCristal said:

if you've been at the company for 11 years with no previous informal or formal warnings, then I think a gross misconduct dismissal is harsh. 

I sympathise with the challenging times the OP is going through.

I am not so sure how relevant length of service is in the case of a theft event.  It is for the OP to demonstrate that this is a single and out-of-character absent minded act under stressful times to counter the employer's view.  The employer may be of the view that this one event is the one that was caught but the individual may have a history of similar acts that have simply not been observed over the past 11 years.

If the OP is in a Union, now is the time to engage their support if not already done so.
If the OP has not explained their personal circumstances, is there a further opportunity for them to do so?  Even if all of this was accepted, the employer may then seek to follow a sickness absence process if the OP is not fit for work through stress...

smiler6hwoo

i explained my personal situation and all that has happened  at an interview,in the form off an a4 sheet with absolutely all that has happened and that i am now on antidepressants as i felt i wasnt able too say what had happened as it is too upsetting for me too talk about.This was too be honest completely ignored,it would seem we do not  sell a freezer bag for that price,we sell one for a lesser price of £4.00,this was changed  at my interview by crossing the other price out and adding the other one,can this be done it does seem a little odd too me.i have never taken anything previously in the time i have worked there,too further add about the cctv i am seen as said with the bag going too the backstage area,and thats were it stops,im not seen exiting the staff exit etc,with the bag in question as the cctv doesnt work correctly,the only time im seen with the bag is on the premises,i have put in an appeal and will probably hear next week

lincroft1710

There is only one thing that is relevant in all this.


Did you take the freezer bag off the premises without paying for it?

Grumpy_chap

smiler6hwoo said:

i explained my personal situation and all that has happened  at an interview,in the form off an a4 sheet with absolutely all that has happened and that i am now on antidepressants as i felt i wasnt able too say what had happened as it is too upsetting for me too talk about.This was too be honest completely ignored,it would seem we do not  sell a freezer bag for that price,we sell one for a lesser price of £4.00,this was changed  at my interview by crossing the other price out and adding the other one,can this be done it does seem a little odd too me.i have never taken anything previously in the time i have worked there,too further add about the cctv i am seen as said with the bag going too the backstage area,and thats were it stops,im not seen exiting the staff exit etc,with the bag in question as the cctv doesnt work correctly,the only time im seen with the bag is on the premises,i have put in an appeal and will probably hear next week

You seem to have accepted upthread that you did take the freezer bag.
Are you now saying you did not take the freezer bag?

The price of the freezer bag, whether £6.75 or £6.50 or £4 is largely irrelevant.

Have you engaged the support of your Union?

cr1mson

Apologising for a lapse in judgment due to stressful personal circumstances and explaining the steps you are taking to deal with this so it will never happen again i.e. sought medical advice and been prescribed anti depressants might have been a good approach. Is there a possibilty that you can still do that now?

You mention not being able to talk about is that about the stressful personal circumstances or the incident? Wonder if either way this has been interpreted as not being willing to face up to incident and therefore there is a possibilty of a repeat.

smiler6hwoo

im not able too talk about it because of personal circumstances i find it very upsetting,ive told them my circumstances ive given them an a4 sheet with an explanation,i dont wish too repeat myself again and again.The incident with the bag annoys me more than anything else,i did ask for time off just previous too this and was told i couldnt have any holiday as it was all booked up,i couldnt have any special leave as it wasnt a close relative,i was told i could take unpaid leave which i did for a few days.Regarding taking the bag,if its on cctv i must have.I absolutely have no recall of taking or paying for it,or walking out the shop with it i have never not paid for anything purchased ever it concerns me that did i or didnt i.It has been said by a few friends and aquaintances that i was on autopilot i only mentioned the cctv in the backstage area as i am a little concerned as to what happened.No im not in a union of any kind,and yesI have put an appeal in