Staff Discount Misuse RLP Letter Received

[joal1908]

Hi all,

I’m hoping someone can help.

I have been employed at Waitrose for 5+ years, and recently it came into light that my mum had a taken a photo of my staff discount barcode and had been using it in-store at a different Waitrose from which I work. (I was unaware of this)

My card being used at the other store flagged up on the system and resulted in me receiving disciplinary action for Partner Discount Fraud.

During the disciplinary process I explained that I had no idea my mum had a photo of my card, and showed text proof, and the process resulted in my receiving a Formal Written Warning as it is ‘still your responsibility’ whereas this would typically result in dismissal.
i was told no further action would be taken.

now a month later, I have received letters from RLP asking me to pay over £800 as compensation.

£590 in company loss, £150 in cost of time investigating, £1 in admin costs and £72 in security costs.

what is the best course of action? Do I ignore these letters? I’ve seen other threads saying so however as I was an employee, and not a shoplifter for example, was wondering if my scenario would be more difficult?

No one during my disciplinary process told me I would be having to repay. Also, I would argue the time spent investigating is one of the many responsibilities of members of management, which they get paid for, so why would I have to pay for that?

thanks in advance!

[PallasAthena]

There is an argument that you'll find online that the legal position of an employee is different to a shoplifter because employees owe a fiduciary duty to their employer but shoplifters don't. That makes it easier for the store to bring court claims against employees than against shoplifters. However it is still only Waitrose that could bring the claim. RLP can't.

Now I am not a lawyer so this is just a lay person's take on this, but I cannot see how you could be guilty in a criminal court for the cost of the goods, the £590, even if Waitrose did prosecute. Because you personally did not take the goods, you have gained no financial advantage, and your staff discount barcode was stolen from you and used fraudluently without your knowledge.. It is irrelevant that the thief was your mother. I assume that the internal disciplinary process did not make a finding that you had knowingly allowed the fraud to take place (otherwise they would have dismissd you) but that you had been careless in keeping your staff discount card secure. That is OK for an internal employer disciplinary code but doesn't cut it as the basis for a legal claim (in my lay person's opinion).

Which is a roundabout way of saying that you should ignore this in line with the standard advice we give. Eventually they will give up.

However if I were in your position I would be seriously cross with my mother even to the extent of demanding she pay RLP what they are asking. And serve her right! She's got you into enough s*** already without you having to put up with harassment from RLP as well.

FWIW I think the Waitrose internal disciplinary decision was rather harsh and suggests to me that they didn't really believe you and suspected you had colluded in letting your mother access your discount card but they had no evidence so couldn't prove it.