Unfair dismissal????

15
Found 24th Jan 2009
Hi,
I was hoping someone out there can give me some advice.
I know someone who worked in an Asda Warehouse and has been dismissed for Gross Misconduct. The story is...
His partner used his discount card (and has been for 2years) to get some shopping. But she used it twice in one day, and it flagged up. Because she was with her friend he was susspened. When he was called in for a meeting he explained that she had used the card for herself, but they where trying to say that she had used it for her friend which was untrue and they had no eveidence. So they told him to go away and come back for a disiplinary hearing, so he went back, to be told he was sacked with immediate effect, apparatly they had new eveidence that he had not nomintated his partener to use the discount card (he had not sent her name to be added onto it) he had only got her to sign the card, he didnt realise that he was meant to do this, but apparantly when he got the card he had signed to say he has to add nominated users, oh also one of the other reasons was that "they believe she had used the card for her friend."

He is appealing against it but if he doesnt get his job back does anyone know if he has a ground to stand on for a tribunal????
Any help please
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15 Comments
talk to CAB or a solicitor
If he signed the terms and conditions for the card without reading the full facts and taking the correct actions then I believe the onus is on him.

Therefore they are correct, sorry. :-(
sounds to me they maybe need to shed some staff and found an easy way to do it.

Seems harsh, but don't really know how fair it is.
Original Poster
kjbenja;4169575

If he signed the terms and conditions for the card without reading the … If he signed the terms and conditions for the card without reading the full facts and taking the correct actions then I believe the onus is on him.Therefore they are correct, sorry. :-(



Yeah well i thought that, it seems such a trivial thing to get him on, esp after she has been using it for so long
they are living together - she had been using it for 2 years - where they aware of her using it??

theres no way they can prove it was for her friend

great case for unfair dismissal

he has got to go through procedure

write to manager saying you disgree and go from there

[COLOR="Red"]sure winner!!!![/COLOR]

was he a union member?? asda have a sweetheart agreement -
Original Poster
ChipSticks;4169582

sounds to me they maybe need to shed some staff and found an easy way to … sounds to me they maybe need to shed some staff and found an easy way to do it. Seems harsh, but don't really know how fair it is.



Well apparantly they are trying to get rid of staff, so i think this was one of the ways to it
Tell him to go into an Asda shop and start smashing everything until they give him his job back.
Banned
Burger king are taking on.
Original Poster
The JFK;4169593

Tell him to go into an Asda shop and start smashing everything until … Tell him to go into an Asda shop and start smashing everything until they give him his job back.



Lol. They still owe him a few hundred pounds too, as he was underpaid a few month ago, cant see him getting that back
i use my tesco one upto 5 times a day and never been disciplined ......

im sure asda would be identical, they will need to speak to personnel manager asap

also tesco allow us 5 days or something to make a dispute against a disciplinary ... so try that too

it was in news ages ago, about a woman at asda was sacked cos her daughter used her discount card
he needs to appeal - and explain that the only thing he did wrong (which he now knows was incorrect) was to let his partner use it without nominating her but that he feels that being fired was harsh and that a written warning should have been issued for a 'first offence' - to be honest i worked in personnel many years ago and we always gave a written warning if someone did something 'incorrect' with their staff discount card - but the bottom line is ... they are quite within their rights to sack that person - sorry but they can
Original Poster
faevilangel;4169619

i use my tesco one upto 5 times a day and never been disciplined ......im … i use my tesco one upto 5 times a day and never been disciplined ......im sure asda would be identical, they will need to speak to personnel manager asapalso tesco allow us 5 days or something to make a dispute against a disciplinary ... so try that tooit was in news ages ago, about a woman at asda was sacked cos her daughter used her discount card



Thanks, he was told at the disciplinary that he can appeal and he will get a letter, but a week and half gone now and no letter as of yet. I have looked into it a bit myself, and if they don't give him the right to appeal then it is automatic that it is unfair dismissal as he hasnt had the right to appeal.

Thanks to everyones advice
Letting their partner use it without informing them is surely a type of fraud.

I believe they are correct but I don't like the way they have gone about it though.

Its a bit underhanded.
Original Poster
The thing is i bet there are lots of people who are using it without informing them (and not intentionally doing it) so to me they are gonna have to look at everyone, because they wouldnt have known, but because they couldnt get rid of him just on the grounds they thought she was using the card for someone else they have digged for evidence, just an excuse in my eyes
i think there is a phrase out there called (common practice) where as if there is a few people doing the same thing at the same company without any discipline.ie allowing there partner spouse to use there discount card without proper authority.then this is a case for common practice within your work place.i would see a solicitor though.but you could mention this in your appeal.hope this helps
Paul
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