Being 'made an example of'

[Eels]

My other half worked for a large company for over a year. When big orders arrived the staff were allowed by the then manager to take any accompanying free gifts home.

A new manager has started, and has sacked him for taking what he thought was a freeby (it wasn't listed on the stock system either). He was quite open about taking it, and he offered to return it immediately when he was questioned about it. The manager instead called a disciplinary meeting where the area manager (who has never got along with my other half) took an aggressive line of questioning. His response to the defence that it was always ok under previous management was that 'things have changed'.

My partner has now been dismissed with no notice. He doesn't want to appeal because on paper he feels he has no case - he took an item from company premises without permission, and this is and always has been in the rulebook as forbidden. Also, no other employee is willing to come forward and admit to something that could obviously result in sacking.

I think he's been treated very harshly - he didn't behave in an underhand way, and the workplace culture was such that his behaviour had always been acceptable. Nobody ever made a statement to explain to the staff that 'things have changed'.

Does he have a case?

[laurence2]

was he in a union or have any representation, it sounds an easy way of getting rid of people but bring in a new manager with no emotional ties with the company, let him no about the freebies the companys looking at job cuts and there's your answer, not saying this is the case but seen it done before, suggest you get some free legal advise or check employment laws but unless you can prove your partner has been victimized { ie get other employees as witnesses] you could be banging your head against a brick wall. GOOD LUCK

[Hgrove]

I suggest your husband visits a law centre where he can receive proper legal advice. Your local CAB should be able to point him to a law centre. He may need an appointment first.

[noxlumos]

Contact ACAS immediately and get in touch with the Manager who was sacked who used allow this and see if he would be willing to give a statement to that effect.ACAS are very good at twisting employers and past employers arms as they are publicly funded and know the law on such matters inside out.They will give you very detailed free advice over the phone. Hope you get on alright and sorry you've had such a bad time.

http://www.acas.org.uk/

[Eels]

Thanks so much for your replies.

Unfortunately the previous manager was transferred internally, so I doubt very much anyone could verify this. There are a number of employees who have since moved on who might testify though.

What annoys me is that when it was explained to the area manager that it was previously accepted behaviour, he responded by saying that 'things have changed', as if he was acknowledging that he knew about it back then! Then he fires my partner for it!

It feels like such a harsh punishment for something that wasn't even done covertly. I hope he's going to contact ACAS today.

[Famous5]

If there has been a change in policy at he company, shouldn't there have been some formal notification to all employees advising what those changes were, when they come into effect etc? That way everyone knows where they stand

[howlin_wolf]

Your partner has a good case for an employment tribunal re unfair dismissal. there need not be witnesses to speak on behalf of your partener but of course it would help - if he has any physical proof, ie. formal papers, e-mails to prove the workings of the previous management and what they accepted as ok to do etc then this could be used. If the new management sent out an updated list of do's and don't for company employees when they took over then this cold cause trouble, but if that was never the case then you have a chance. good luck

[jennifer_cro]

The gifts that he and others had previously accepted had become a 'custom and practice' therefore it was previously acceptable to management. If they are to change their minds about this staff must at least be notified in writing. Lodge a tribunal claim immediately!