suspension awaiting investigation

[DavideMexia]

I work p/t at tesco
26th January 2011 i was called in the office and was explained that i was being suspended in full pay.The duty manager read the grievance note and after was given me the right to explain.The incident happened saturday 22 january 2011.
Moments after reading the grievance note i said i couldnt remember of any major missconduct. But later i understood that the simply fact of taking few pages of a newspaper was intrepreted as a missconduct. Probably, this could lead to my dismissal?
The incident happnd sat around 23:16. I was given the order to fill the forms for newspapers retrns. We were prepring to close the business and the lights were switched off. Another member of staff was together when the incident happened.I took a newspaper - manchester evening news- which had a cost of 0.23£. I asked the other meber of staff if i was authrised to take the ppers as she replied that she didnt know as she wasnt respnsible tat night and tat i neded to ask the Team Leader. In fact i took the paper and later when the team leader returned i had forgotten to ask for her authorization and i carried the paper on my hands. These papers are returns of the days left overs that need to be return in the next morning.
Can you please advise any course of action and if this is reason enough for my probable dismissal? At the moment i am suspended due investigation. Fear to lose my part time job due to this failure on asking for authorization. However there are clues that this was not a good reason for misapropriation and that i even asked one member of staff. Forgot to ask the TL.
Thanks

[factor-fiction]

How long have you worked there?

[Buenchico]

Newspapers are normally sent to retailers on an 'SOR' (sale or return) basis, meaning that the retailer is charged the wholesale price of each newspaper but that amount is then refunded if the paper is unsold and returned to the wholesaler.

So Tesco will have suffered a financial loss through your action. (Yes, I know it's only a few pence, but it's still a loss). A criminal prosecution for theft would almost certainly fail because it's a statutory defence to show that you genuinely believed that the owner of the property would not object to you taking it..

However it's still sufficient to count as 'gross misconduct', which can provide sufficient grounds for dismissal. There was a case, before an employment tribunal, when a Woolworth's employee picked up a 'pick and mix' sweet, which had fallen onto the conveyor belt, and popped it into her mouth. The sweet could not have been sold (for food hygiene reasons) but Woolworth's management still regarded her actions as 'gross misconduct' and dismissed her. The employment tribunal upheld that decision.

You'll have to hope that Tesco's personnel staff accept that you took the newspaper as the result of a misunderstanding. If they decide to sack you you'll almost certainly be unable to successfully challenge their decision.

Chris

[DavideMexia]

I worked there for 1 year and few months factor30.

My relationship with collegues is good and i have no problem with any of the management team. This was an excpetional situation but over the last weeks i am being watched. I had returned from holidays last friday. I was a bit stressed with exam period. the incident happened saturday but i have not thought that this missconduct would lead to my suspension.
This is a common situation. In fact the member of staff that i was with backstabbed me. If i wanted to "steal" i would hide it in my bag. I feel this was not a gross missconduct because there are worse situation such as people missapropriating cash. I just carried the paper.

[DavideMexia]

Yes, Chris thanks for your answer.

I have accounted the paper as return - I filled the quantities returned.Tesco will be refunded for the exact same quantities.No talking about loss here coz tesco not made a loss. Yes you right when you say that they would not object to taking it if i had asked. I have failed to ask

[Andyvon]

It sounds as if someone might have it in for you David or is happy to see you in trouble given the chance. I know I would have just kept my mouth shut if I'd seen you. It does seem common sense is lacking here as with Chris's account of the sweet. I suppose they have to draw a line somewhere though and 23p is considered the same as £23. It does seem a little petty and unnecessary.

I think Chris is probably right. If Tesco adhere to the letters of all the rules and procedures then you probably won't have too much of an argument if they do decide to dismiss you. Otherwise, where do they draw the line next time?

[DavideMexia]

So if tesco adheres to all the letters of the rules and procedures i am likely to be sacked? Would that not be sound a bit unfair?

In addition (i dont know if this is necessary) Tesco is short in staff and there will be o/t available in the next few weeks. If this is a good reason for misapropriation what is the point on suspending me if they need staff every so often ? They are all the time calling me to work and i always said ok. Filled all the imaginable o/t possible a week, made lots of hours last year. Over 48/50. I have never demanded for pay rise or whatsoever. What the point on doing all this ? Do they want to sack me ? The store manager told me few months ago that they are over the budget in hiring staff. This could proably mean something is this occasion!

[society]

In simple words what you did is considered theft.

[ljdksa]

It does sound quite harsh to me, but I think such a big, well-known company is likely to go by the book, just to prove a point to other staff. I assume you have already apologised/explained/won't do again etc etc? Any sort of theft is a good enough reason for dismissal though. Good luck.

[DavideMexia]

I left 3 page notice today explainig the situation arguing that was not reason enough for my suspension taking into account the circumstance in which the incident happened. Nowone would object taking the paper and the other member of staf was with me. Simply as that.

[ljdksa]

I think you'll be damaging yourself further if you try to trivialise it and say it's not important enough to lose your job over. Much better to hold your hands up, tell them you can see their point and will never do it again. Otherwise it sounds as though you feel you were right and don't regret it at all.

[factor-fiction]

Yes it seems there has been a misunderstanding on your part and it does seem harsh.

But are you saying that because you marked the paper up as being returned you think Tesco hasn't lost out? Surely the supplier of the paper has lost out in that case because they have refunded Tesco for a paper that hasn't in fact been returned.

Regarding Tesco needing people to work overtime I wouldn't expend them to postpone teh suspension just because they are short of staff. They only want staff they can trust.

Yes, 23p is only a small amount but for all they know you may have been doing this everyday. It is the principle that seems to matter here.

I would apologise sincerely and explain that it was a misunderstanding. I agree that you shouldn't argue it was trivial or Tesco didn't lose out so it's okay. Good luck.

[woofgang]

In the NHS they have the same hard line that theft, no matter how small, even to continually and wilfully arriving late for work, is theft and treated as gross misconduct. Your only defence is to say that you genuinely thought that your action was allowed and even then expect a final written warning placed on your record if tesco do such things. Sorry.

[DavideMexia]

Ok here is my situation

[DavideMexia]

Factor30, thanks for you reply.
I agree this was harsh. If it wasnt i wouldnt be suspended. I agree with all of you and i feel that i will be dismissed from work. Actually i am getting used to the idea of being desmissed from duties.Today is saturday and i was not called inviting me to any meeting for disciplinary procedure. Probably the store manager is not in or the security guard have not had time enough to check the CCTV cameras or any other reason. Since Wednesday i have lost wednesday/friday/saturday work and i feel this will take some more weeks until they finish the investigation and prepare the reasons why i am going to be dismissed. I have not hear from them since wednesday and on friday when i went there to submite my notice explaining the encident i was advise that i was not allowed to be in the store until the investigation finishes. Is this a normal procedure? I have been at the moment banned from the store until someone calls me for further action! Please advise me what can i do now? Wait until they call me or call them? How long this procedure takes usually? Please i would like good answers considering . Regards!

[joko]

you keep saying nobody would mind you taking it...well clearly someone does mind...someon eimportant.
whether another staff member was with you or not is irrelevant

its may not be much but a line must be drawn somewhere, and you crossed it...

you could say, oh its only 80p for the pasty i ate, or £1.50 for the sandwich...and it really isnt much money...not for a massive company...but if everyone just thought it was fine it would soon get out of hand...

do not leave them a letter more or less telling them they being unfair and silly if they dismiss you as its not important - to them it clearly is and will not endear you to them...it gives the impression that you dont care..

you need to grovel a bit an make it clear it was a misunderstanding

also, it appears to have lied on the forms you sent back...you claimed there were say 48 papers...when there where only 47....not good business...could create lack of trust if they check...so you cannot also say it doesnt matter because they havent lost cash because of your falsified documents...

[DavideMexia]

No Joko, When you fill a paper return sheet, it is not a strict thing. The only thing they care about is the label stating the tesco branch no and delivery time and the actual return sheet. Sometimes there are paper in the bin and nowone even bother to send it to return. There are papers in the Canteen table for days and day and someone then remembers to send it to return. Those papers sometimes are without there suplements. In addition, some suplements are found in the bin, other damaged. Isnt this all a loss for the company aswell if they are not accounted as return? I think the important thing here is the behaviour (attitude) and not the loss itself. A breach of trust that could lead to my dismissal.

[Whickerman]

6 young temporary workers were sacked outright from a local supermarket here for eating the little funsize packs of smarties. The bag had burst so they couldn't sell it, one of the kids was chrged with dunping the bag in the crusher, took the little boxes our rather than throw them out and shared them with the other weekend casuals. All were sacked for theft on the spot. I know that's not what you want to hear, but the chain supermarkets don't mess about

[bednobs]

yes, it's usual for you not to be allowed in the store. Yes i would wait for them to contact you

[DavideMexia]

This thread is really helpful to me and you all have been helpful: If i am called for a formall discussion. I will have something written and be well prepared for the worse and for the question they probably will make. Arguments i will use as suggested here: describe the incident - let them know how i feel about this (ashamed) and fear i can lose my job. Accept sincerely the incident as a missunderstanding. Tell them i cant afford to lose the job as i need the job coz it pays me my university fees and it offers all good condition to conciliate with uni workload. 0.23£ is not 23£ and finally tell the boss (one of the best i ever had) that i really feel bad for all this. Please review my situation in the work. Finally Apologise for the mistake and tell them that this will never happened again.

[Eve]

As others have said, it's the principle of the matter. Recognising that and taking a concillatory, humble and apologetic approach may be the best way here.

Tesco may be so huge that 23p seems inconsequential to them, however, if all staff took that approach it could lead to all kinds of problems. It's more of a bigger picture thing and they have to be able to trust their staff to abide by strict rules and procedures - they cannot tolerate what is essentially dishonesty/theft.

It could also be a situation for them to make an example, that regardless of how small the amount involved is, staff not abiding by the rules will not be tolerated. Otherwise, what kind of example does it set to other staff who think they can then get away will things and use the excuse that the amount of money involved was nominal.

When I worked in a supermarket we used to get regularly searched coming out of work on a spot check basis.