misuse of privilege card

[Johnsmith1988]

Hi I need some advice

last week I bought an item from my store and used my privilege card
I then changed my mind and decided that I didn't want it but I knew this product was in high demand and is currently selling for more than what they are worth
so I put it on eBay

a disgruntled member of staff has then gone to the store manager with a screenshot of my listing and I am currently on paid suspension on misuse of privilege card

any help on where i stand

[MissFM]

Re: misuse of privilege card

Hi Johnsmith and to LB!

I am not an expert ( someone who is will come along soon) but I really don't see that it's anything to do with anyone else if you choose to sell a legitimate purchase on Ebay.

[wales01man]

Re: misuse of privilege card

Interesting to know the company rules on use of the card?

[Johnsmith1988]

Re: misuse of privilege card

Interesting to know the company rules on use of the card?

Sorry the company is Tesco

[Johnsmith1988]

Re: misuse of privilege card

Hi Johnsmith and to LB!

I am not an expert ( someone who is will come along soon) but I really don't see that it's anything to do with anyone else if you choose to sell a legitimate purchase on Ebay.

Thanks for the welcome ��

[wales01man]

Re: misuse of privilege card

bloody hel you do need some good advice they are not the best company to be employed by and having this type of problem

[Johnsmith1988]

Re: misuse of privilege card

bloody hel you do need some good advice they are not the best company to be employed by and having this type of problem

why do you say that "they ain't the best company to be employed by" eg do they have tight terms and conditions and stuff like that

[wales01man]

Re: misuse of privilege card

I know of a few cases where they have disciplined staff unfairly and then had to rethink their actions.

[Johnsmith1988]

Re: misuse of privilege card

Well I think I am wide open and really worried that a small mistake is going to cost me my job and just hoping someone on here could see if there is a loophole or if they have not done paperwork properly

[bluebottle]

Re: misuse of privilege card

Tesco have a history of doing things like this and having it come back and bite them hard on the bum.

Once you have purchased merchandise from a retailer, it is your property and you can do what you like with it within the law. That is the law of the land, not the law according to Tesco.

If the Store Manager thinks he/she has a provable case, let them prove it. You can only be lawfully accused of and disciplined for misuse of a privilege card if you used it to purchase merchandise and at the time of doing so intended to sell it on ebay. As you have said, you bought the item, decided you didn't want it, but then decided to sell it on ebay. That is not misuse of a privilege card. You had bought it not intending to sell it on ebay, but, later on, decided to sell it on ebay.

Speaking as a retired policeman, in my opinion, Tesco are treading on very dangerous ground in the legal sense and have a very weak case, if at all. If anyone should be suspended, it should be the Store Manager and disgruntled employee on the grounds of stupidity.

[Johnsmith1988]

Re: misuse of privilege card

Tesco have a history of doing things like this and having it come back and bite them hard on the bum.

Once you have purchased merchandise from a retailer, it is your property and you can do what you like with it within the law. That is the law of the land, not the law according to Tesco.

If the Store Manager thinks he/she has a provable case, let them prove it. You can only be lawfully accused of and disciplined for misuse of a privilege card if you used it to purchase merchandise and at the time of doing so intended to sell it on ebay. As you have said, you bought the item, decided you didn't want it, but then decided to sell it on ebay. That is not misuse of a privilege card. You had bought it not intending to sell it on ebay, but, later on, decided to sell it on ebay.

Speaking as a retired policeman, in my opinion, Tesco are treading on very dangerous ground in the legal sense and have a very weak case, if at all. If anyone should be suspended, it should be the Store Manager and disgruntled employee on the grounds of stupidity.

So today I was in a investigatory meeting and I told them that I bought the product with the intent to keep and only as the day went on that I changed my mind and after talking to friends that they said the product is rare and sold out this time of year and I could easily put it on eBay and even at its full retail value it would still sell for more than that and that's what I did

I have been on Tesco website for terms and conditions and this is what is bothering me

14 Misuse of the Privilegecard scheme is considered to be gross misconduct and may result in disciplinary procedures which could include summary dismissal. Examples of misuse include: Allowing someone else to use the card, supplying people who are not immediate family members living at the same address or selling goods on to other parties.

[bluebottle]

Re: misuse of privilege card

So today I was in a investigatory meeting and I told them that I bought the product with the intent to keep and only as the day went on that I changed my mind and after talking to friends that they said the product is rare and sold out this time of year and I could easily put it on eBay and even at its full retail value it would still sell for more than that and that's what I did

I have been on Tesco website for terms and conditions and this is what is bothering me

14 Misuse of the Privilegecard scheme is considered to be gross misconduct and may result in disciplinary procedures which could include summary dismissal. Examples of misuse include: Allowing someone else to use the card, supplying people who are not immediate family members living at the same address or selling goods on to other parties.

Are these conditions printed in a heavily-bound book with which you can repeatedly beat the Store Manager over the head and then the disgruntled employee for an encore? In order for you to have committed misuse of your privilege card, as stated previously, you would have to have intended to misuse it before you purchased the item, not afterwards. Tesco have to realise that they do not make the law and their interpretation of the law may not be necessarily be what the law says. They have gotten it badly wrong on a number of occasions and, in some cases, it has cost the company dearly.

It seems to me the Store Manager and disgruntled employee are making something out of nothing. They need to be very careful how they proceed, otherwise I can see this matter coming back to haunt them.

[charitynjw]

Re: misuse of privilege card

Although I fully agree with bluebottle on the employer's heavy-handed approach, one important question, if I may?

How long have you worked for them?

[Johnsmith1988]

Re: misuse of privilege card

Although I fully agree with bluebottle on the employer's heavy-handed approach, one important question, if I may?

How long have you worked for them?

been with the company since 2005

[enquirer]

Re: misuse of privilege card

14 Misuse of the Privilegecard scheme is considered to be gross misconduct and may result in disciplinary procedures which could include summary dismissal. Examples of misuse include: Allowing someone else to use the card, supplying people who are not immediate family members living at the same address or selling goods on to other parties.

If you sell within days, it's understandably suspicious, but what about a year later? Taken literally, this holds good until the end of time, which is nonsense. It is obviously too broad and would have to be considered on a case by case basis.

Then, as Bluebottle points out, it is a question of intent. You did not intend to misuse it at the time. However, they will be asking why did you not simply return the item for a refund. Is it a non-refundable item?