Professional advice needed please

homeworkgirl wrote: »

Yesterday my daughter, who works for a large supermarket chain, was stopped on her way out at the end of her shift by two store managers who told her quite loudly in front of customers and colleagues, that they were going to search her. - Did she consent to a search. If not, they have no right to do so. They took her into an office and said her partner who also works there, was seen giving her a bag before she left. She immediately showed them it was a spoonful of powder to rub on the meat she had just bought and showed them the receipt for, which is given out to customers for free when they buy meat. - she paid for this? It's a common practice for staff to take some of this and the meat manager was aware she had this. Her partner had put it in the bag and given it to her. She was told she was under investigation for theft and is distraught as she has never stolen anything in her life and has worked for the company for 6 yrs. - Relax; getting stressed wont help this. She says she can't face going back there mainly because of the way she was approached and colleagues overhearing. - that is unfortunately her issue, nothing she can pursue. I say she should fight it but might have to accept a disciplinary warning. - why? If she stole it, that's gross misconduct; and theft (with breach of trust) and she would be looking at: at the minimum a criminal conviction, with likely a community penalty. I would like to know if the company are in the wrong for approaching her in this way as this is the main thing which is upsetting her. - nope. She accepts that the company may dismiss her or give her a warning if they can interpret this as theft - it either is theft or it isn't. , even though she didn't realise thete was anything wrong as it's given out freely with the meat. - so she did steal it? Any advice would be welcome please, particularly from people who are up on employment law.

Employment law:
They only need a reasonable belief that she stole it. Given her length of service (assuming she has contracted hours, rather than 0 hours) there would be a disciplinary hearing - if she is in a union (and she should be!) she can take a union rep with her.


Criminal law:
If she did steal it, this is quite a serious offence; even if the amount stolen is negligible. The reason is that it's a breach of trust; which makes the sentencing higher.

homeworkgirl wrote: »

Thanks for your reply. Yes she took it like they all do, not realising it would be regarded as theft. Also, the section manager was there when her partner put it in a bag..surely he should have said something at the time if it would be regarded as theft? So it was right that they told her in front of customers and colleagues that she would be searched? Surely that can't be right? Thete must be procedures they have to follow? Don't know if it's relevant but at the time she was given the powder, she had clocked out and was shopping in the store as any other customer. Also, should the other two people involved in this not be at least interviewed?

Forget about the section manager not 'stopping him' You are saying that it is allowed that staff take the meat rub when they are buying meat like any other customer. Why would a section manager stop someone giving meat rub to a customer.

You keep saying 'like they all do' as if theyre doing something a bit dodgy but everyone does it.
If she is a customer of the supermarket buying meat and therefore entitled to a free powder for the meat then of course everyone does it, because they are allowed...

1. Why was it in her pocket and not in her shopping bag with the meat? It is not sensible to keep store stock in your pocket at work.

2. I asked you about a pocket search policy and you did not answer. I have worked in a supermarket before and it was policy that we had to turn out our pockets when requested to stop thefts.

3. Did she have buy meat that qualified for the free rub offer? Did she have the 'normal' amount of rub and not an additional 'staff perk' amount which isnt allowed?

If she bought meat, as a customer, and was given free rub as a customer, then there should be no issue other than 'retraining' to not keep store stock in your pocket at work. It is not theft as she got it correctly and legitimately, just kept it in the wrong place (as would be the case if she got a fiver in her change and put that in her works trouser pocket and went back to work. I once got pulled up on a pocket search and I had 5p in my pocket change from the bus. I wasnt told off but I was told to make sure i didnt have change on me in future)

Your story doesnt really make sense as you keep justifying it by the actions of other staff, the managers inaction, the way she was searched. Either she bought meat as a customer and everythings fine, or there is something 'off' you are trying to justify with other stuff.

Okay so in that case all your daughter needs to say is

“I’m really sorry I’m not sure what the issue is. I bought this meat and this is the rub you get with the meat. Have I misunderstood the counter policy?”

Forget the search and it’s conduct. Forget the section manager not stopping him.

She needs to find out why this is an issue because on the face of it, there is no issue, but it depends whether you are getting the full story from your daughter as it doesn’t make any sense for this to be treated as theft.