misuse of privilege card

[wales01man]

Re: misuse of privilege card

By failing to return the item and selling on for a profit would make a manager who may have been looking for a reason to get rid of someone think they have a good excuse to act quoting the section in the ruke book regarding use of the card,
I would expect in this case the OP would get a warning unless the company wants to fight in ab employment court,
no doubt they can take away the card to stop this in future ,if this is a one off it all seems petty of the company to do anything expect give the OP a talking to in the managers office

[bluebottle]

Re: misuse of privilege card

By failing to return the item and selling on for a profit would make a manager who may have been looking for a reason to get rid of someone think they have a good excuse to act quoting the section in the rule book regarding use of the card,
I would expect in this case the OP would get a warning unless the company wants to fight in an employment court,
no doubt they can take away the card to stop this in future ,if this is a one off it all seems petty of the company to do anything expect give the OP a talking to in the managers office

I think your analysis is about right, Wales.

However, a retailer cannot dictate how someone who has purchased merchandise then subsequently uses or disposes of that merchandise. At present, the law does not allow that. The OP had no intention of putting the item on ebay when they purchased it and it was not until sometime afterwards - doesn't matter how long - they decided to put it on ebay. An employer, like Tesco, cannot control every aspect of its employees' lives. The law, simply, does not allow it. Also, Tesco would have to prove intent. And that they cannot do as there is no evidence per se.

Withdrawing the privilege card from the OP is about all Tesco could reasonably do. Anything more than that would be disproportionate and expose the employer to a claim for unfair dismissal and a sharp rebuke from an ET, as well as loss of reputation as an employer.

[charitynjw]

Re: misuse of privilege card

been with the company since 2005

In which case you have full employment rights.

The employer should make a decision based on a 'range of reasonable responses' (ie, what a reasonable employer would do in the circumstances), which should take into consideration your employment history with them.

[CleverClogs]

Re: misuse of privilege card

been with the company since 2005

And, over that time, how long have you worked there?

[CleverClogs]

Re: misuse of privilege card

By failing to return the item and selling on for a profit would make a manager who may have been looking for a reason to get rid of someone think they have a good excuse to act quoting the section in the ruke book regarding use of the card,

To me, it looks like the antics of an alleged manager who was trying rather too hard to appear "efficient" - and a damn good reason to reduce the number of "managers".

[CleverClogs]

Re: misuse of privilege card

Withdrawing the privilege card from the OP is about all Tesco could reasonably do. Anything more than that would be disproportionate and expose the employer to a claim for unfair dismissal and a sharp rebuke from an ET, as well as loss of reputation as an employer.

Mightn't "loss of reputation" work in the company's favour? :grin:

[Johnsmith1988]

Re: misuse of privilege card

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?

The item would of be refundable unfortunately

[Johnsmith1988]

Re: misuse of privilege card

And, over that time, how long have you worked there?

Been at the store just over a year

[Amethyst]

Re: misuse of privilege card

Does your ebay history show other items purchased on your priviledge card being resold ?

[Johnsmith1988]

Re: misuse of privilege card

Does your ebay history show other items purchased on your priviledge card being resold ?

I have only ever sold this one item via something I have used my privilege card on

[bluebottle]

Re: misuse of privilege card

To me, it looks like the antics of an alleged manager who was trying rather too hard to appear "efficient" - and a damn good reason to reduce the number of "managers".

That is the problem with a lot of businesses, Cloggy - far too many managers. When redundancies come around, who is it that takes the brunt? Well, it certainly isn't the managers - and they are the most expensive employees.

[bluebottle]

Re: misuse of privilege card

Mightn't "loss of reputation" work in the company's favour? :grin:

Only their liability to pay Corporation Tax, due to a reduction in takings arising from consumers defecting to competitors.

[bluebottle]

Re: misuse of privilege card

The item would of be refundable unfortunately

It doesn't make a lot of difference. Tesco cannot dictate what you do with something after you have purchased it. The only exception is where you purchased goods, using a staff discount, with the intention of selling the goods on from the outset. If you did not and Tesco cannot prove this, they are stuffed.

[CleverClogs]

Re: misuse of privilege card

Tesco cannot dictate what you do with something after you have purchased it. The only exception is where you purchased goods, using a staff discount, with the intention of selling the goods on from the outset. If you did not and Tesco cannot prove this, they are stuffed.

How about a dreck yachneh who got elected to a council with the intention of selling off that council's graveyards for just one shilling?

[CleverClogs]

Re: misuse of privilege card

Mightn't "loss of reputation" work in the company's favour?

Only their liability to pay Corporation Tax, due to a reduction in takings arising from consumers defecting to competitors.

I meant - of course - that their reputation (or notoriety) might be such that they'd regard any loss thereof as a blessing. :grin: