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misuse of privilege card

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  • #46
    Re: misuse of privilege card

    And the very valid question posed above still needs clarification (IMO)..just exactly how long does an employee have to keep items bought using 'privilege card'..Forever and ever Amen??
    To Infinity and Beyond?
    There doesn't seem to be an end date so,,in reality,OP purchased and therefore owned the item,and it was his to sell surely? Or do Tescos only allow staff to 'purchase and loan' the items therefore they (Tescos) still own the item??
    I hope OP goes into any meeting asking such questions cos I'd LOVE to see the answers


    Comment


    • #47
      Re: misuse of privilege card

      Originally posted by Inca View Post
      And the very valid question posed above still needs clarification (IMO)..just exactly how long does an employee have to keep items bought using 'privilege card'..Forever and ever Amen?? No.
      To Infinity and Beyond? No.
      There doesn't seem to be an end date so,,in reality,OP purchased and therefore owned the item,and it was his to sell surely? Correct. Title passed to the OP the moment money changed hands and the till drawer closed.
      Or do Tescos only allow staff to 'purchase and loan' the items therefore they (Tescos) still own the item?? Items purchased by staff belong to the staff who purchased them. Tesco cease to have right and title the moment the sales transaction concludes, i.e. once the till drawer closes.
      I hope OP goes into any meeting asking such questions cos I'd LOVE to see the answers So would I!


      @@@@
      Life is a journey on which we all travel, sometimes together, but never alone.

      Comment


      • #48
        Re: misuse of privilege card

        I was a bit harsh on the OP at first to see if he had actually deliberately bought the item with the sole purpose of selling it on for a profit knowing he was breaching company policy,,I now believe he didn't.
        He's guilty of being a twonk (as we all are sometimes)
        He's guilty of telling someone he'd ebayed it,,never say anything you don't want repeating.(oh and change ebay name pronto)

        I think he has a valid argument because the 'policy' is so unclear,and the Manager hasn't exactly acted correctly at all.
        If I were OP I'd write everything down,clearly and concisely and make sure I got every point across.

        As a matter of interest..is printing a screenshot of someone elses ebay page and using it against them actually admissable???

        Comment


        • #49
          Re: misuse of privilege card

          Originally posted by Inca View Post
          I was a bit harsh on the OP at first to see if he had actually deliberately bought the item with the sole purpose of selling it on for a profit knowing he was breaching company policy,,I now believe he didn't.
          He's guilty of being a twonk (as we all are sometimes)
          He's guilty of telling someone he'd ebayed it,,never say anything you don't want repeating.(oh and change ebay name pronto)

          I think he has a valid argument because the 'policy' is so unclear,and the Manager hasn't exactly acted correctly at all.
          If I were OP I'd write everything down,clearly and concisely and make sure I got every point across.

          As a matter of interest..is printing a screenshot of someone elses ebay page and using it against them actually admissable???
          I would agree with you, Inca, that the OP has, indeed, been a twonk. We all make errors of judgement and I am sure the OP will realise this in their case. However, I have to say that the Store Manager is an even bigger twonk than the OP for their disproportionate behaviour, knowing there is a history of friction between the OP and the other employee. As for that other employee, if the Store Manger knew of their performance issues and ability to cause friction, why haven't they removed them from that branch? As for the screenshot being admissible as evidence, the most Tesco could legitimately do is withdraw the OP's privilege card. Without strong evidence to support an allegation of purchasing goods using a staff discount with the intention of selling it on at a profit, which would have to exist at the time of or prior to purchase, they are on very dangerous ground, in the legal sense, and any action over and above withdrawal of the privilege card would be disproportionate. As Charity has said in a previous post, "What would be the actions of a reasonable employer?" If it were me, I would consider withdrawal of the discount to be proportionate.
          Life is a journey on which we all travel, sometimes together, but never alone.

          Comment


          • #50
            Re: misuse of privilege card

            So I have a disciplinary meeting today at 1pm with a person who does not work at my store so I got a gut feeling that they are going to dismiss me

            and when I appeal my store managers boss and groups personal manager conduct the meeting so that's a waste of time
            as they are like best meats and not going to undermine each other over this

            Comment


            • #51
              Re: misuse of privilege card

              Originally posted by Johnsmith1988 View Post
              So I have a disciplinary meeting today at 1pm with a person who does not work at my store so I got a gut feeling that they are going to dismiss me

              and when I appeal my store managers boss and groups personal manager conduct the meeting so that's a waste of time
              as they are like best meats and not going to undermine each other over this
              If an ET got wind of that, Tesco would not get an easy ride nor, do I suspect, would they come out of it at all well. As others have said, Tesco must act in a proportionate manner, otherwise, they expose themselves to action.
              Life is a journey on which we all travel, sometimes together, but never alone.

              Comment


              • #52
                Re: misuse of privilege card

                So you think it's best for my appeal to be heard by a different store director and personal manager

                Comment


                • #53
                  Re: misuse of privilege card

                  Good luck. It is normal practice for a disciplinary hearing to be heard by a Manager who does not know you. That is done so you receive a fair hearing. You are entitled to be accompanied at this hearing by a Union official or indeed anybody else for that matter. As previously stated, you have broken the companies rules. All the Manager hearing this case needs is "reasonable suspicion" of your intent to profit from this purchase. I suspect, if your employment record is good, that you will receive a written warning and your privelage card will be withdrawn. You may also be demoted. I speak as a Union representative for ASLEF.

                  Comment


                  • #54
                    Re: misuse of privilege card

                    Ok so just got back from the meeting and got there and it was another investigatory meeting
                    but at the end of this meeting the lady has sent it for a discaplinary meeting for Monday with a store manager so god knows what's going to happen

                    Comment


                    • #55
                      Re: misuse of privilege card

                      Originally posted by Johnsmith1988 View Post
                      Ok so just got back from the meeting and got there and it was another investigatory meeting
                      but at the end of this meeting the lady has sent it for a discaplinary meeting for Monday with a store manager so god knows what's going to happen
                      Hi Johnsmith

                      Don't let it ruin your weekend.

                      FWIW, my view (that of an ordinary person) is that, once you have bought something, privilege card/staff discount or not, it belongs to you and you may do with it what you will.

                      Tesco is also behaving with the utmost hypocrisy here, as your activity (which could be seen as entrepreneurial, even though that wasn't your intention) is whiter than white by comparison with the way supermarkets such as Tesco screw down prices so that suppliers can barely survive (wouldn't survive without subsidies) and then make truly obscene profits, pay as little tax as possible.. and pay their employees as little as possible, obliging them to use top-up benefits and other subsidies, provided through taxes, to survive.....

                      But I digress. Stay cool, hold your head up and tell the truth on Monday; you have done nothing wrong. If they behave unreasonably, you have a whole pack of beagles to support you.

                      Try to chill and enjoy yourself over the weekend x :hug:

                      Comment


                      • #56
                        Re: misuse of privilege card

                        Originally posted by MissFM View Post
                        ]Tesco is also behaving with the utmost hypocrisy
                        And this is news how?

                        Comment


                        • #57
                          Re: misuse of privilege card

                          Originally posted by CleverClogs View Post
                          And this is news how?

                          I know. Just want the OP to get a good night's sleep or three:sleep::sleep::sleep

                          Comment


                          • #58
                            Re: misuse of privilege card

                            Every little bit helps :santa_wink:

                            Tribunal orders Tesco Ireland to Re-instate dismissed Worker

                            http://www.mandate.ie/News/Divisions...ed-worker.aspx

                            The Tribunal relied on three principle points when reaching its decision, “the unreliability of documents relating to the Privilege Card, the lack of Warning and improper procedure”. It accepted that Mr Shiels “honestly understood that his use of the Privilege Card in December 2010 was not prohibited”. It described the “various documents outlining the use, misuse, transfer and all rules relating to the Privilege Card are ambiguous at least and do not set out with adequate accuracy the rules relating to the use of the card”.

                            http://thepeninsulairelandblog.files...ud626-2011.pdf


                            :santawalk:
                            Don't let them grind you down

                            Comment


                            • #59
                              Re: misuse of privilege card

                              Originally posted by MissFM View Post
                              I know. Just want the OP to get a good night's sleep or three:sleep::sleep::sleep
                              Whether he wins or loses, I'm sure he'd be happier at Sainsburys or Waitrose.

                              Even Lidl might be better!

                              Comment

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