need to escalate a complaint against tesco

[ericsbrother]

Whatever your employer does that is against your interests the store is culpable and you can therefore recover any losses caused by your actions and that includes lost wages. They have no right to contact your employer and should be reported to the ICO for douing so, who can then determine what action to take against the company that will be separate from any claim you may have. The store have a lot of grovelling to do so make sure you get the name of the individual who made the allegations.

[blonde123]

Thanks everyone for your advice and suggestions. You have all been really helpful. It's encouraging to know there are people willing to help a stranger.

[Sidewinder]

Whatever your employer does that is against your interests the store is culpable and you can therefore recover any losses caused by your actions and that includes lost wages. They have no right to contact your employer and should be reported to the ICO for douing so, who can then determine what action to take against the company that will be separate from any claim you may have. The store have a lot of grovelling to do so make sure you get the name of the individual who made the allegations.

 

I really meant that, if the worst came to the worst, and any dismissal went to a tribunal, the employer doesn't have to pprove you did shoplift- only that they acted as any other 'reasonable' employer would have done. And if you're in a position of trust facing an allegation of theft, any dismissal might be found to be reasonable. But with a withdrawn allegation- probably not.

 

This is correct. In law, as stated previously, it matters not where the information came from, or from whom. If they have 'reasonable grounds' formed after a 'reasonable investigation' of the facts available at the time the decision is made, then they can quite lawfully dismiss with very little chance of any comeback. For any employer, the mere suggestion that an employee of theirs has brought the company's name into disrepute will be ample grounds for disciplinary action up to and including dismissal. You may argue that you had nothing to do with the event, and indeed had no knowledge whatsoever of what your friend was up to, but the employer will only ever need to have that 'reasonable belief' in order to act within the law.

 

How long have you worked there? If for less than two years you would not even be able to take the case to a Tribunal - although for reasons stated above it would be an uphill struggle to suggest that the employer was acting unreasonably.

 

Where you do have a cause of action is for the breach of data protection, and this manager deserves to have the book thrown at him. Was your friend, in her emotional state, at any time asked whom, if anybody, she wanted them to contact? I cannot believe that the first person to choose would be an employer!! You have, from the sounds of it, and so long as 'permission' was not given to speak to the employer, potentially a serious breach of the DPA, and the resulting damage to reputation and potentially lost earnings through the breach resulting in your dismissal.

 

You absolutely need to get a written complaint to the store concerned - as high up as you can - and to demand written confirmation that you had nothing to do with this incident, nor are you suspected of any previous instances of shoplifting. If they cannot provide this then you will be making a formal demand for any and all information relating to you under the DPA in order to make a complaint to the Information Commissioner regarding the store's blatant misuse of your personal data, and legal action for damages resulting from this.

[Grotesque]

Sidewinder, were you quoting the right post there???

[blonde123]

Thank you. That was a very clear answer and great advice

[Sidewinder]

Sidewinder, were you quoting the right post there???

 

Yes - somebody earlier suggested that an employer taking action against an employee in these circumstances would be on thin ice. Ericsbrother correctly stated (as did you) that whatever the employer does, it is the Store who would be ultimately responsible. An employer could legitimately dismiss on the flimsiest of evidence quite lawfully, but it would then be the store from where the false information came from who would be liable for the breach of DPA, defamation, malicious falsehood etc

 

I have added your earlier quote for context...

[blonde123]

Thanks. We are going to deal with work first then get the store sorted. As it's a public forum I can't go on to too much detail but will let you know the outcome when I can. Hopefully I won't be asking advice on dismissal as we never stole a thing and never have

[Grotesque]

Yes - somebody earlier suggested that an employer taking action against an employee in these circumstances would be on thin ice. Ericsbrother correctly stated (as did you) that whatever the employer does, it is the Store who would be ultimately responsible. An employer could legitimately dismiss on the flimsiest of evidence quite lawfully, but it would then be the store from where the false information came from who would be liable for the breach of DPA, defamation, malicious falsehood etc

 

I have added your earlier quote for context...

 

@Sidewinder- Answering two posts at the same time?! -now that's multi-tasking!!!

 

@Blonde123- yes good luck and apologies again for all this talk of tribunals and dismissals, we areall merely mulling things over hypothetically (at this point), but of course it's very personal and worrying for you too. Best of luck!

[blonde123]

I was wondering if anyone knew how to escalate a complaint against Tesco? It has been sent to customer services, but I cant seem to get it beyond that point. The reason I am asking is because it does not seem to be reaching anyone in authority. Is there like an ombudsman or smiliar that you can go to?

Ive had a look on their website but its all very secretive. The complaint I am making relates to my previous posts.

thanks in advance for your help

[Bazooka Boo]

What previous posts??

 

If you either stay on the same thread or say on your new one here what the issue is then others can advise.

 

What is the issue?

[blonde123]

What previous posts??

 

If you either stay on the same thread or say on your new one here what the issue is then others can advise.

 

What is the issue?

Basically a store manager informed my employer that I was shoplifting. I wasn't and they admitted they were wrong but I still was investigated for gross misconduct. That's the quick version.

[Bazooka Boo]

I'm guessing again, that you don't work for Tesco? Neither does your employer?

 

How did this Tesco manager get hold of your employers details?

[rebel11]

Hi blonde123

 

Write a Formal Letter of Complaint, mark it as such. Explain what's happened (accusations results in disciplinary), how you've been let down by Tesco's (Data Protection complaint) and what you want them to do.

 

I'd also mention that your considering further action against Tesco's, make sure you mention specific dates, so that they can investigate.

 

ICO - http://ico.org.uk/concerns

 

Send it to:-

 

Mr Philip Clarke

Chief Executive

Tesco UK

[email protected]

 

Your thread has been merged, keep to this thread.

[2Grumpy]

What about asking your employer for the source of the unwarranted allegations since you are considering taking action against them for libel and DPA related issues?

[Conniff]

Don't phone, please don't phone. You need a paper trail so make all correspondence by post and recorded delivery.

[Bazooka Boo]

Your thread has been merged, keep to this thread.

 

This makes much more sense now!

[blonde123]

Thanks it made it easier rather than going through the sorry tale again. Basically the store said yesterday they are not accepting any liability

[rebel11]

Is that in response to your letter to the CEO?

 

Thanks it made it easier rather than going through the sorry tale again. Basically the store said yesterday they are not accepting any liability

[blonde123]

Is that in response to your letter to the CEO?

 

No I haven't written to the Ceo yet. Only emailed complaint to customer service

[Bazooka Boo]

More fool them then, if they say they're not going to accept responsibility, legal recourse may very well differ!

[blonde123]

More fool them then, if they say they're not going to accept responsibility, legal recourse may very well differ!

 

It's the cost of going to a solicitor that's putting me off. I have no idea if financially it would be worth the stress time.

[Bazooka Boo]

Why would you need to waste your time with a solicitor?

You can take legal action against Tesco yourself.

[blonde123]

Why would you need to waste your time with a solicitor?

You can take legal action against Tesco yourself.

That's what I was going to do but they don't seem to be taking me seriously. They won't even apologise at this stage

[Bazooka Boo]

OK, what outcome do you want from this?

 

Just an apology or something more?

I know I would be wanting more than an apology!

[rebel11]

Hi Blonde123

 

I think you need to nail down who said what to who, mainly did the Tesco's manager speak to your employer. Send Tesco's a SAR, send your employer a SAR. That might be £20 well spent, that's the kind of proof you will need.