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    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
YoungMan

Gross Misconduct.. plz help

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I took 10 minutes extra before my Tea break; to prepare my tea, and then I started my tea break, the manager suspended me for that, he said it is a Gross Misconduct.

Do my company have the right to suspended me because of 10 minutes only?

Please can you give me any help?

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How long have you worked for this company?

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Hello there. This sounds quite heavy-handed on the part of your manager. We need to know what the company's disciplinary procedures are to advise you best. Do you have the employee booklet handy at home? If so, please tell us what it says.

 

Have you been told what's going to happen and how long you're suspended for? I take it you're on full pay?

 

Is there any history between you and this manager that you can tell us about?

 

You might also try calling ACAS's confidential helpline, number on their website. It could help you to speak to someone as well as asking us.

 

HB


Illegitimi non carborundum

 

 

 

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I agree it sounds disproportionate. Is there anything else that has been going on either personally against you or within the company generally that may explain this action? I note your tag but what gender are you or is there any form of discrimination going on? Are you in a union, if so what have they said?

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I agree it sounds disproportionate. Is there anything else that has been going on either personally against you or within the company generally that may explain this action? I note your tag but what gender are you or is there any form of discrimination going on? Are you in a union, if so what have they said?

 

And one other question - did you "sign out" for these ten minutes ? Because you were either "at work" or "on break" - what did you say you were doing?

 

Must observe - it has to be the longest preparation time for a cup of tea I've seen in a while - was this some form of Japanese tea ceremony you were doing?


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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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Proper Yorkshire tea takes that long to brew.

You're obviously a lightweight southerner, SarEl.

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I take exception to that, Elpulpo, as a wimpy southerner :). Is strong Yorkshire tea the reason you can't control your avatar's tentacles?

 

How are your own problems, btw?

 

My best, HB


Illegitimi non carborundum

 

 

 

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I take exception to that, Elpulpo, as a wimpy southerner :). Is strong Yorkshire tea the reason you can't control your avatar's tentacles?

 

How are your own problems, btw

 

My best, HB

I'm in perfect control of my tentacle(s), I'll have you know.

My problems are resolved. The professional ones anyway.

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The disciplinary procedure

Oral warning

First written warning

Final written warning

Dismissal

I know why he did that they do not like me in the company because I always complain about the supervisor. I am a pain in the .... For them.

I work full time, same time in the office and same time on street,

That day I was on street I stopped to buy tea from somewhere there was long queue I waited when I got me tea I put sugar then I logged break, I spent ten minutes waiting for the tea.

I am clean I do not have any warning at all, for seven years I never had any warning.

The manger does not like me at all, his action was clear to me he wants to get rid of me; he gave me 2 weeks suspension.

I have a union I am going to see them; they said they will came with to hearing.

 

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Well the other ones will take longer I guess, Pulpo. :madgrin:

 

YoungMan, I see you're hovering. Do you have any more information for us please?

 

My best, HB


Illegitimi non carborundum

 

 

 

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And one other question - did you "sign out" for these ten minutes ? Because you were either "at work" or "on break" - what did you say you were doing?

 

Must observe - it has to be the longest preparation time for a cup of tea I've seen in a while - was this some form of Japanese tea ceremony you were doing?

 

I will never drink tea again

I was in the queue

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Sorry YoungMan, we crossed posts while I was bantering with Elpulpo. Thank you for the info.

 

HB

 

PS Sorry to be flippant, but is anyone else thinking of the Village People song? It's stuck in my head now.


Illegitimi non carborundum

 

 

 

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It wasn't, but it is now HB, thanks:roll:

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Now then, young man. I think you've got an excellent chance of getting this all thrown out, if you're in a union.

How big is the company you work for?

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big big big

around 700 workers

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To answer your question – YES

 

Your manager has every right to suspend you; Your manager is right to deem your conduct as gross miss-conduct. The reason I say this is because you are paid to work.

 

I assume your 10 minute break is a paid break and forms part of your terms and conditions and as such you only take 10 minutes. In this instance you took 20 minutes.

 

You state your company employ 700 staff, if all took an extra 10 minutes your company would lose a substantial amount of working time.

 

It would be very unlikley you would face dismissal for a first offence in 7 years. If I were you I would approach your disciplinary with remorse, if you know of anybody else who has had a similar discipline for the same offence you should also be given the same disciplinary sanction.

Edited by colin813

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I agree with the remorse comment from Colin, no point trying to justify it I don't think.

 

One question though : how did they know what you were doing if you weren't on the company premises? I'm a bit confused about the street thing.

 

And one comment. The disc procedure you posted doesn't cover gross misconduct and what would constitute GM in your company. Does your document have anything else please?

 

HB


Illegitimi non carborundum

 

 

 

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Proper Yorkshire tea takes that long to brew.

You're obviously a lightweight southerner, SarEl.

 

And I take exception to that! I only set foot in the South for tribunals and EAT's! But I don't drink tea! Does one have to stand and watch it for ten minutes?


--------------------------------------------------------------------------------------------------------------------------------------------------------------------

I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------

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I think claiming this is gross misconduct would be OTT, but I have to agree - which is the point I was getting to with my original questions - if you were supposed to be at work and not on break, then I am afraid you were supposed to be at work and not on break. It's no differnt than claiming you took 30 minutes lunch and actually took an hour. Not the sort of big difference that some of us might worry about, but the fact is that your manager is technically in the right, and that's all that matters. It's generally a case of, if you've ****ed of the manager, don't give them any excuses - something most union reps (who often **** off managers) will be able to explain as a concept!

 

BTW Hunneybee - been PM-ing you and somebody hasn't emptied their inbox! I keep getting "box full bounces"!!!!


--------------------------------------------------------------------------------------------------------------------------------------------------------------------

I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------

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And I take exception to that! I only set foot in the South for tribunals and EAT's! But I don't drink tea! Does one have to stand and watch it for ten minutes?

Yes. Signed Elpulpo. A Yorkshireman. Now residing in Devon :oops:

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I think claiming this is gross misconduct would be OTT, but I have to agree - which is the point I was getting to with my original questions - if you were supposed to be at work and not on break, then I am afraid you were supposed to be at work and not on break. It's no differnt than claiming you took 30 minutes lunch and actually took an hour. Not the sort of big difference that some of us might worry about, but the fact is that your manager is technically in the right, and that's all that matters. It's generally a case of, if you've ****ed of the manager, don't give them any excuses - something most union reps (who often **** off managers) will be able to explain as a concept!

 

!!

 

What do you mean ( claiming this is gross misconduct would be OTT )

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The union told me that they cannot dismiss me because of those ten minutes it is impossible, they should give me warning because I do not commit any offences.

They said that cannot be gross misconduct, if the manger wants he can deduct the 10 minutes from my time.

Even I asked the citizen advice bureau, they agreed with the union.

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Is it a new manager?

 

new managers like to stamp their authority a bit much.

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Is it a new manager?

 

new managers like to stamp their authority a bit much.

He is a new manager.

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