dismissed gross misconduct

[sg1]

help anyoneÂ*
worked for a popular supermarket chain for over 3 yrs, 3 months ago I was suspendedÂ* and then summarily dismissed for gross misconduct of staff discount card abuse. What happened was I was with a family member who purchased shopping for me because I did not have enough money I used my discount card because I was under the impression it was my shopping so I could apparently not told them what I had done suspended me and 5 days later following a disiplinary meeting was dismissed I did put an appeal in because it was a genuine mistake and for over 3 yrs my work record was clean and good but was told when making a d3cision my work record would not come into it also they have been chopping hours and feel they have used me to get rid of hours I want to go to employment tribunal what do you think do I have a shot?

[ULA]

How long ago where you dismissed?

Did you pay for the part of the shopping you had the money for or did the person you were with pay for it all?

Is there any company guidelines/policy on the use of the staff discount card? If so does it say that items for which a staff discount is applied can only be paid for by the staff member.*

[sg1]

I didn't have enough on my card for all of it.matters going on at home at the time money disappearing so I told my sister as you do, and she grabbed the rest I payed for mine and my sister used her debit card for the shopping that she picked up .I now how it looks but that's what happened I was called up to the office they had cctv of me with my sister shopping had an investigation but they suspended me 5 days later at disciplinary hearing I was dismissed without notice I didn't lie I told them what had happened it was a mistake. but what I find unusual is my Rota went up that morning and my hours were removed and I worked my whole shift before the suspended me I felt like their was predetermined what my outcome was going to be*

[ULA]

How long have you been employed there?

Also what is the company policy*

on the use of the staff discount card?

[sg1]

I have worked their over 3 yrs and their policy says that if a family member uses the card to benefit the user or their household it's a conduct issue for it to be gross misconduct it has to be letting friends use it buying products and reselling them and anyone who isn't the nominated user uses it for their own gain. I used the card my sister did not have it I have a clean working record which during my appeal she said a decision isn't made on the workers record or how good they are also I have witnessed gross misconduct acts* and those workers were let off with nothing but apparently everyone's decision is different but I thought the whole point of an appeal is for them to be consistent with disciplinary and to take into account the workers record ?

[ULA]

I am not sure from what you have said whether you appealed the decision?

So in terms of what you have said regarding the policy for use of discount cards, since your sister is a family member who purchased the shopping for you then some form of disciplinary action would potentially have been justified but not at the level of gross misconduct allowing the company to dismiss you.

In determining disciplinary action it is about the facts of the individual case, if an employee has a good work record then it may be taken into consideration to lessen the level of disciplinary action but it is not always the case.