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I'm writing on behalf of my son

who was recently dismissed for Gross Misconduct from his employer

because he tackled a thief that was trying to run out of the shop with some goods

(which, apparently, contravenes one of their policies).

 

 

We're currently going through the appeals process.

My son has given a statement to the police and may be asked to appear in court as a prosecution witness.

 

I've spoken with acas,

who have been very helpful and,

because my son has less than 2 years employment,

cannot claim unfair dismissal, only wrongful dismissal.

 

 

My son has never been trained or given access to the employer's group policies and procedures.

 

I could go into more detail,

but find it absolutely bizarre that he has been sacked for what he thought was doing the right thing

(protecting the employer's assets).

 

Any advice or thoughts would be appreciated.

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HI Zany - Welcome to CAG

 

On what grounds did they sack him... Whats the exact reason in the letter?

 

Thanks for asking, and the interest! The exact wording is this:

 

"I write to confirm your summary dismissal ... on the grounds of gross misconduct due to Admitted physical restraint of a customer ... which is a breach of our apprehending a suspect policy, putting yourself, your colleagues and customers at risk".

 

The incident took place at 2140 and my son was the only member of staff on the shop floor at the time. There were no other colleagues or "customers" in the shop.

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I think your local newspaper would be interested and you might get job offers from other employers who see any article.

We could do with some help from you.

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I think your local newspaper would be interested and you might get job offers from other employers who see any article.

 

Indeed.

We're going through the appeals process (well, we've sent a letter to appeal against the decision!),

 

 

but the press is certainly an option if we don't get any joy from that.

 

 

I'm not sure if taking it further through an employee tribunal would gain anything, to be honest.

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Sad times... Such a shame too but then again thats the whole policy thing...

I see Emmzzi is on the thread, Hope they can offer some more insight :)

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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Not taking sides but i agree with the employer.

 

 

Tackling the thief with physical force will be a breach of company health and safety policy. (Gross misconduct)

 

That will be Safe Systems of Work.

 

 

That puts yourself and others not in the employ of the business in immediate danger.

 

I sympathise that he has not been trained in such procedures

but he should have done his own dynamic risk assessment and waited for the old bill.

 

This is a non starter in my opinion with any Tribunal as stated he has less than 2 years service.

 

 

The Tribunal will state that dismissal was reasonable and proportionate.

Edited by obiter dictum
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I am seeing more and more of cases similar to this.

Thieves have become customers and even security staff are instructed not to touch them.

The word is spreading and thieves are simply walking off often reminding staff that they can't touch them.

Companies introduced these policies for many reasons, one of them being the sickness taken by employees after struggling to detain thieves.

Not much gain because the same employees are now going sick for other "incidents at work".

Despite physically detaining a thief is not only legal, but praised by police, companies have decided that it is better to let the thieves steal and pass the costs to paying customers.

One extreme case I heard about, not sure how true it was, was a member of staff who detained an angry "customer" who had punched a female member of staff.

This guy was praised by the police and even received a letter from the superintendent, but received a final written warning by the company.

He didn't get sacked only because the all site workforce wrote to the head office.

Ridiculous!

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That's a real shame. What a ridiculous reason to dismiss someone, although I agree there is not much that can be done about it legally without 2 years' service.

 

He sounds like a go-getter, I'd certainly want to hire him. He certainly has a great answer to the interview question 'why did you leave your previous job'.

 

Hope he manages to find something else soon.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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What is to stop your son now telling people that everything in that shop is for free as they can just walk in and take it and no one will stop them.

 

As said above, what a sad and silly situation. Make sure he is paid every penny of holiday pay accrued.

 

Also keep in mind that if/while under notice, he can legally register at the job centre and go looking for another job and not lose any pay.

Edited by Conniff
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How stupid this wet nurse country has got over the last 4 decades - nonsense,,, I am going to shoot you Oh! dear and I cannot defend myself or the shops goods etc

:mad2::-x:jaw::sad:
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Sad days.

I see every day people travelling for free on the underground and when approached by revenue officers they just tell them to get lost and walk away.

We pay thousands every year to cover these lowlifes and the companies taking our money are not interested in stopping them because they recover the money from us.

Wrong!

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I think your local newspaper would be interested and you might get job offers from other employers who see any article.

 

 

My thoughts too, would make a great article and cause the company some embarrassment.

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