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Dismissed for Gross Misconduct, need advice how to proceed...

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  • Dismissed for Gross Misconduct, need advice how to proceed...

    Ok this may be a long story but I will keep it brief. I work in a busy retail environment where we also do bag wraps, but these units are a few metres away from the tills. I completed a bag wrap for £10, went to process the bag wrap but the customer left before I could give a receipt. Another customer was in a rush and was being quite loud about it, so before I got the chance to process the £10 I went over to the customer to talk to him and let him know I have his attention. Told him the prices etc and tried to walk to process the money in my hand, every time though he was being difficult and kept saying please hurry. I decided fine, ill quickly do his bag wraps. One bag was particular heavy, weighed about 30kg, so I placed the money in my pocket to put it ontop the unit. Took the £10 straight away and resumed wrapping. Went over to the till with the customer, however, when i saw a pile of receipts the last one being £10. I had a lapse in memory and couldn't remember if that was mine. I asked my coworker if that was his, he couldnt say. He doesnt offer customers their receipts.

    Anyway so i placed the £10 in the till thinking the receipt was the £10 i had in my hand. Processed the customers money. Waited a while for things to be quiet informed my coworker, he essentially accused me of stealing. He contacted supervisor, they reviewed the banking and everything else. Found the £10 was in the till, not stolen just not processed correctly. I was called in the office at the end of the week, was informed I will be suspended pending investigation, allegations of theft, missappropriation of money and unable to process a bag wrap transaction. 1 month later, HR lady get in touch and drops the theft allegation but leaves the other ones. I spoke to my manager and HR lady, my manager says if he being honest, itll probably be final written warning I wont get sacked. HR lady says this would normally be a minor or serious misconduct not a gross misconduct. Now I had the disciplinary hearing after it was cancelled twice on her account, one she didnt turn up and second she didnt bring the evidence I requested. Final meeting she didnt turn up, I couldnt wait any longer so I proceeded without her, Got a letter a week later, saying she has decided to dismiss me. I can appeal if I like toso it says on the letter. But I want to get your guys opinion on this.

    On a side note, before you say putting money in your pocket is dodgy, I know that but I only did so after recieving this kind of training from my supervisor and coworkers. They have said that the kiosk where we work, the tills are far away so supervisors and managers dont expect us to keep running back and forth from the tills and units. I have 8 years of experience in retail, just passed my probation period and now I have been sacked for essentially following my supervisor instruction and not having a copy of the procedures which I believe I should have been given.

    Anyway advice how I can proceed please. I have never been through this before so any help would be greatly appreciated.

    Many thanks and sorry for long winded story

  • #2
    Re: Dismissed for Gross Misconduct, need advice how to proceed...

    It really depends on whether they had a full, formal investigation, giving you your chance to explain your side of the story.
    From what you have written, it sounds as though they did.
    Bit of a mistake to go to the hearing without full representation. Even a work colleague could have attended with you, for support.
    How long was your probation period that you're just out of?
    It seems unlikely that you have sufficient service with this employer to be able to take them to a tribunal.
    Nothing wrong with an appeal. You should then explain about the supervisor's instructions, if you haven't already.
    Can you get other workers to corroborate your story?

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