Just been sacked.. Unfairly?

[sssshaun]

I work in a UK Supermarket. here's the story.

I was working behind the Patisserie Counter (cakes, bread etc etc) and it was the end of the night. Everything that is going out of date that night needs to written off, so I did that. I Picked up the first thing to throw away and realised I didn't have a rubbish bag, so I went to get a bag, I looked across the counter and saw that my colleague (that was in charge because it was only my second day on this particular section), was eating one of the cakes that I had written off.

Seeing this I assumed it was ok and took a bite before throwing away the donut. (1 bite!)

A manager saw this, reported it to the Department Manager and there the trouble started. i was suspended for a week and then Sacked without being given any warnings what so ever??? surely it was only worth a Final Written or a serious disciplinary.

So now im jobless and I have money problems because I was meant to be earning before I go to university in September. It just seems so petty to me and they have used me as an example.

The other annoying thing is that people are getting away with doing worse stuff with just a slap on the wrist and not even a warning! The main situation is where a colleague of mine took something without paying (wasn't being thrown away like the donut) and she didn't get the sack?!?

Help!

[TideTurner]

What were the rules explained to you with regards to eating doughnuts when you took on the job?

[MARTIN3030]

Welcome to the site.
Will move this to the appropriate area where you should get more help.
How long was you Employed there ?
what was your hours ?

[zazen.warrior]

How long had you worked there?

Sadly I think this is a lesson learned unless someone more qualified can advise otherwise?

[TideTurner]

Are you a member of a Union? Have there been any inferences of theft? Did you receive a letter of notification or a verbal / written / final notice? Given you are going to Uni, were you on a short term contract, or taken on as a full blown employee? Were you 'supplied' by an agency?

[Sidewinder]

Sadly it would seem that you have fallen foul of a common policy at most large retailers. Even one bite of an item due to be thrown away will be classed as theft - it is that clear cut. That was the case when I worked at BHS as a student when a colleague was sacked for scraping some cream from a cake and licking it off her finger before putting the cake in the waste disposal unit.

However. How long have you worked there? Have you ever been trained to know that your actions were wrong? Are examples of theft listed in the company handbook? Insofar as the disciplinary procedure went were you given the right to have a witness accompany you? Have you been given the right of appeal?

If you have worked there less than a year it may be difficult to bring a case for unfair dismissal, however you may be able to argue on the grounds of not knowing what you did was wrong, it is common practice amongst staff, and the treatment you have received is not in line with actions taken against staff in similar situations. I wouldn't hold out too much hope though if I were you.

It may be best to look for another seasonal job pronto - one where references are unlikely to be taken up or where they don't ask too many questions about previous employment, especially if it might seem that you are straight out of college and into a temporary job just to earn some money.

[TideTurner]

Originally Posted by Sidewinder

Sadly it would seem that you have fallen foul of a common policy at most large retailers. Even one bite of an item due to be thrown away will be classed as theft - it is that clear cut. That was the case when I worked at BHS as a student when a colleague was sacked for scraping some cream from a cake and licking it off her finger before putting the cake in the waste disposal unit.

SW, with respect, what were the rules explained to her about licking the cream off her fingers when throwing cakes away prior to obtaining the job? Is she currently available for interview?

[Jonnan]

It is sad but supermarkets are going to use you as an example I have found this to be the case with my OH as the manager are too weak to deal with bad employees and they use others to make examples of.

[Sidewinder]

Originally Posted by TideTurner

SW, with respect, what were the rules explained to her about licking the cream off her fingers when throwing cakes away prior to obtaining the job? Is she currently available for interview?

The same rules were made clear to all of us when we joined - along the lines of "..However silly it seems, any food left at the end of the day has to be thrown away - it cannot be eaten by staff or given away. Anybody breaking that rule will be sacked..."

TBH I never saw the girl again - and it was 25 years ago so hopefully she has moved on since then!

[MrShed]

TT to be fair, I dont think it neccessarily DOES need to be made clear to you. The property of the supermarket ALWAYS remains the property of the supermarket - hardly needs clarification. Although a sacking seems harsh, within your first week seems a little silly and probably demonstrated to the employer how the employment would go....

[zazen.warrior]

I've worked in several food outlets, in one I could eat food from the counter to the value of xxxx each day (can't remember how much, it was a couple of decades ago!) but only on my tea break or lunch; I effectively got a free meal each day.

In others the policy was the same one the OP has fallen foul of.

I think as a rule of thumb unless advised otherwise, as I was in the above instance, don't fondle the merchandise except in a professional manner no matter how ridiculous that might seem and no matter what others might be doing!

[Sidewinder]

Originally Posted by zazen.warrior

don't fondle the merchandise except in a professional manner

I would love to put that in our T&Cs

[shywazz]

Myself being employed by one of these supermarkets for too many years to want to recall, sadly its one of those issues that is deemed okay to do as long as you are not caught/seen, its common for staff to help themselves to the odd item, whether it be a pick and mix sweet or odd bit of fruit, the companies know this happens, but have no objection to such, unless of course seen by higher managment, there have to be seen as to act upon such matters, incase a member of the public happens to see the employee helping themselves, and reports the matter. Sadly then the issue relates to gross mis-conduct, ie theft and results in dismissal..
You could approach the managment and plea your case, however changing there mind will be hard, as this will be seen as them backing down, and open the doors for everyone to help themselves when-ever there desire.
Put this down to gaining expeirance, and when you gain ur next employment, you know to take extra care when popping the boiled sweet into ur mouth, if you were employed at the store for only a short period, when you have ur next interview, i wouldnt bother mentioning that store as ur last employment, that way you wont have to go into detail with them. chin up and gd luck in ur next job, keep ur fingers where there can be seen.

[MrShed]

Originally Posted by shywazz

Myself being employed by one of these supermarkets for too many years to want to recall, sadly its one of those issues that is deemed okay to do as long as you are not caught/seen, its common for staff to help themselves to the odd item, whether it be a pick and mix sweet or odd bit of fruit, the companies know this happens, but have no objection to such, unless of course seen by higher managment, there have to be seen as to act upon such matters, incase a member of the public happens to see the employee helping themselves, and reports the matter. Sadly then the issue relates to gross mis-conduct, ie theft and results in dismissal..

Having worked for Tesco for a number of years, this is not their attitude - it is in no way whatsoever deemd "OK" - and any members of management(lower or higher) would jump on you if seen doing it.

I would suggest that your supermarket chain may be the exception here(....although maybe mine was!!!).

[twoofus]

What a bunch of defeatists. No wonder companies get away with treating employees like slaves when hardly anyone is prepared to question their actions.

First of all what is the company policy on this, you should have been given this (basically the rule book) when you started work. In this it should clearly outline the companies discipline proceedure, how they will conduct themselves and how they expect you to conduct yourself. If they haven't followed that proceedure exactly they could be in breach of contract.

We need more info on this to help you.

[MrShed]

Well as far as I'm concerned I'm a "defeatist" because the OP did the wrong thing, and the company were well within their rights.