Resigning under investigation

[Teppie]

Ive resigned under investigation from tesco. I was called into the office out of the blue to say i had misused my privelege card and refund policy. Last month i did alot of clothes shopping for me and my daughter and i took lots back in different transactions. Its easier than trying it all on. As i work full time i new i could take them back the next day. When the refunds were done my discount wasnt taken off and i used some vouchers that wernt either. They have accused me of gross misconduct to make a gain. I didnt take any notice of what was going back onto my card. Im absolutely devastaded. I have worked there 11 years. I have never taken anything that doesnt belong to me. The way it was all worded. Every transaction i had made. The amount that wasnt taken off. They said it was a pattern i really never took any notice. I thought they would realise because i didnt do my own transactions, it was given incorrectly. They absolutely pulled me apart. I couldnt answer anything apart from there was no intention. It was past onto senior manager we wdnt through it all again. There was no intent. Then she said she couldnt make a decision it was going to store manager. Be prepared for him to scrutinise every word and could lead to your dissmissal. Could not belive what was happening to me. I had union with me who kept stressi g she didnt serve herself. He said afterwards that manager could dismiss me they only need to show trust has gone not that i was guilty. If i resigned i might just get a reference. So i did. Had horrid letter from personnel saying my reference would say resigned. Because i left during investigation for gross misconduce (which is absolutely unbearable) it wouldnt say i was good employee. The whole situation has made me very ill. Im trying to get on with my life but i cant. Im very angry. Can i do anything to clear my name. I didnt take anything i was given it incorrectly. Sorry this is long

[matt3942]

Re: Resigning under investigation

Hi [MENTION=68047]Teppie[/MENTION]

Let's start at the beginning...

Did the employer carry out an investigation? If so, did you receive a letter notifying you that an investigation was going to be conducted? Did the letter set out the allegations against you? Were you invited to attend an investigatory meeting?

Did you receive a letter inviting you to attend a disciplinary meeting? If so, did it set out the allegations and provide copies of the evidence used against you?

Who carried out the investigation (if applicable) and the disciplinary meeting? You need only provide job titles, not individual's names.

In your 11 years' service have you ever been subject to performance management (i.e. for poor performance) or subject to disciplinary action?

Do you have copies of correspondence between your employer and you relating to this issue, particularly anything in which they suggest you resign?

When you've answered those I'll probably have some more questions.

- Matt

[Teppie]

Re: Resigning under investigation

I was called into office on 23 may with 2 senior managers stating i was suspended for misuse of privalege card. They didnt know anymore than that. To attend investigation on thurs 29 may. I had no idea until thurs what it was about. I was given to letters, well they were sheets of paper. One saying i was suspended on full pay and the other was the date of the investigation. It was on the thursday i found out what it was all about. They had listed dates and times these purchases were made. Dates and times i returned them. It noted how much discount wasnt taken off and voucher. There was checkout manager doing investigation and deli manager taking the notes. Me and union rep. They said because of how it all looked they were passing it on to disciplinary to senior manager. On sat 30th may. I was given copy of notes and letter of the date. On saturday went through all the investigation again. Dates, times, refunds etc. Manager was taken ill so went out and waited for another manager to take over. She said it all looked like a pattern. It wasnt i just did some shopping and took it back. She said you can see what it looks like. I said there was no intent. There wasnt. Surely its not my fault it was done incorrectly. I was a customer at the time. Apparently that doesnt matter its my responsibility to make sure my transactions are done correctly and didnt believe i didnt know. She said she couldnt make a decision (i work on customer service)its all about trust. She felt it had gone. It was being passed to store manager. She said off the record it will be scrutinised and could lead to dismissal. I was given note for monday 31. It was after my union rep gave me the choices. I was scared and in shock about it all. I could not go back. I have had a couple of warnings in my early years for absence but absolutely nothing for about 8 years. Attendance and timekeeping trust integrity all great

[matt3942]

Re: Resigning under investigation

Hi [MENTION=68047]Teppie[/MENTION] - thank you for your response.

To be honest it probably would have been better if you had sought advice before making the decision to resign. IMO it's better to go through the process and then appeal later if necessary.

I have a few more questions:

Can you confirm the dates for me? The investigation meeting took place on Thursday 28 May or Friday 29 May (it cannot be Thursday 29 May)? The disciplinary meeting took place on Saturday 30 May? What was going to happen on Sunday 31 May or Monday 1 June (it cannot be Sunday 30 May)?

Did the person carrying out the investigation speak with the cashier? If you don't know, were you shown any witness statements made by the cashier, or notes of an interview carried out with the cashier?

Were you notified of the disciplinary meeting in writing? If so, did it tell you the date, time and venue? Did it tell you exactly what the allegation was? Were given copies of any evidence (e.g. the list of purchases/transaction, witness statements etc.)? Were you told you could call witnesses?

- Matt

[Teppie]

Re: Resigning under investigation

I was suspended on sat 23rd with a letter saying misuse of privilege card and a note to say attend investigation on thurs 28. They didnt give me any more details.i waited till the investigation to find out. They read out the purchases and refunds and the amounts i had been overpaid. I knew nothing until then. The allegation was misuse of privilege card and refund as it wasnt done properly. I didnt take any notice. Not on any of them. We chatted and i put my card in. That was that. No cashiers have been spoken to up to this day. Because there were a few returns they kept saying you know what it looks like. I do when it was all written down like it was but there was no intention. I stand by the fact i didnt take anything it was given incorrectly. No decision was made only it was going to disciplinary on sat 30 may. I attended. They went through the same thing. No cashiers were spoken to although they said everyone will have to be retrained. I was never asked to get any witnesses. I didnt want to point fingers at anyone cos i work with them. I truly beleived it would all sort out. I only got copies of the notes taken at investigation. It did list the refunds. I was so shocked and upset at the allegations i just let them do what they were doing. They said trust had gone. Its up to me while i hold a privilege card to make sure transactions are done correctly. They found it hard to believe i didnt know what was going back on my card. They were passing it on to store manager. He will make the decision. He will scrutinise every word and could lead to dismissal. That was for mon 1 june. But i couldnt take any more. Took my resignation in on sun 31 may. I hadnt slept for a week and was in a mess. The union rep said after the last meeting. Two things can happen. He could move you or sack you. If you resign you may get a reference. Thats what i did. Now im angry

[matt3942]

Re: Resigning under investigation

Hi [MENTION=68047]Teppie[/MENTION] - thank you for your response.

If you've told me everything correctly, and if I've understood everything correctly, you may be able to bring a claim for constructive dismissal, for the following reasons:

• Your suspension was unjustified: There was no potential threat to the employer or its responsibilities to other parties, and - given the nature of the allegation - there was no risk of your interfering with the investigation. Redeployment or a period of leave might have been more appropriate.
• The investigation was not conducted properly: It seems the cashier was not interviewed despite being a key witness, and there is clearly a presumption the cashier was (at least) partly to blame as you've been told everyone will have to be re-trained.
• The disciplinary process was not procedurally fair: You were not given written notice to attend the disciplinary hearing (with everything that includes). Either the cashier was negligent or in collusion, either way it seems the employer is not acting consistently in applying its disciplinary process.

I would now contact your local Citizens' Advice office and try to make an appointment to meet with an employment law specialist who will support you through the claim process. Or you may be in a position to employ an employment law solicitor.

Please do let us know how you get on.

- Matt

[jon1965]

Re: Resigning under investigation

Matt
I really have to disagree with you
The employer is under no obligation to say that they are investigating, or give reasons for the investigation prior to the meeting. However if the disciplinary meeting was not conducted correctly, notice, opportunity of a witness/rep then there may be a procedural error .

[matt3942]

Re: Resigning under investigation

[MENTION=32643]jon1965[/MENTION] - at no point have I said the employer is obligated to say they are investigating, or give reasons for the investigation.

- Matt

[teaboy2]

Re: Resigning under investigation

I agree with @matt3942

The fact the cashier has been overlooked is the big issue to me, as the cashier is the one responsible for processing the refunds and deducting the amounts from the privilege card and vouchers etc, not the customer - Which is what OP was at the time. The cashier is liable for error in financial transactions, therefore the OP followed the correct procedure by having another person process the returned goods and transactions. The fact they say they now have to retrain all staff confirms to me they knew the cashier was at fault and liable for this.

It was tesco via their cashier that committed a breach of mutual trust, as the OP put there trust in the cashier to perform the transaction correctly and according to standard procedure. Which would give grounds for constructive dismissal on its own, so that and the procedural errors and the fact the OP was treated unfair by being disciplined for this when it should have been the cashier (which leads me to suspect they didn't carry out a full investigation, also confirmed by them not questioning cashier and not having a witness statement from him/her) who should have faced disciplinary for not following correct procedure!

Granted it would have been better if OP had not resigned! If the OP hasn't left already i would write a letter formally withdrawing your letter of resignation confirming you wish to continue the disciplinary process to its complete out come! It may raise a few eyebrows and give them the impression you may have something (which you do) and they then may play it safe, giving you only a warning! Which is better than losing your job! But you need to raise the question as to why your being held responsible when it was the cashier that failed to follow procedure and therefore tesco via the cashier that is in breach of mutual trust not yourself! Your not responsible for another member of staffs failure to following procedures nor is it your job to check they had done so! ANd if they had carried out a proper investigation they would have spoken to the cashier had a witness statement from her and realised it was the cashier at fault her not you as you followed procedure by having another member of staff process the transactions!

[jon1965]

Re: Resigning under investigation

Ok I suppose I should make myself clear
The only details we have are those from the OP and although I am sure they are true as far as they know it must be remembered that the employer is, certainly during investigation , not required to tell you what they have found out or who they have interviewed. It may be that they had talked to the cashier.
I do agree that the cashier should have been investigated as well but again there is no reason that the employer should tell anyone that this is happening , in fact it really shouldn't discuss other peoples business.

The business was 100% correct to suspend, on full pay , the OP as what happened was potentially gross misconduct .

There is also a mutual trust implication, yes the cashier should have done the transaction correctly but the OP should have checked it was done correctly, after all most of us would do that in our own lives and when returning goods.

Finally , with regard to the disciplinary procedures there is not enough information to decide if procedures were fair, was it put in writing, was a witness offered ( I suspect yes as the union rep was involved).

Without all the details it is difficult to know what should have been done but certainly the cashier should have been investigated .

While I may not agree with the law and guidelines we have no option but to use them to our best advantage and try to get them altered

[teaboy2]

Re: Resigning under investigation

Ok I suppose I should make myself clear
The only details we have are those from the OP and although I am sure they are true as far as they know it must be remembered that the employer is, certainly during investigation , not required to tell you what they have found out or who they have interviewed. It may be that they had talked to the cashier.
I do agree that the cashier should have been investigated as well but again there is no reason that the employer should tell anyone that this is happening , in fact it really shouldn't discuss other peoples business.

The business was 100% correct to suspend, on full pay , the OP as what happened was potentially gross misconduct .

There is also a mutual trust implication, yes the cashier should have done the transaction correctly but the OP should have checked it was done correctly, after all most of us would do that in our own lives and when returning goods.

Finally , with regard to the disciplinary procedures there is not enough information to decide if procedures were fair, was it put in writing, was a witness offered ( I suspect yes as the union rep was involved).

Without all the details it is difficult to know what should have been done but certainly the cashier should have been investigated .

While I may not agree with the law and guidelines we have no option but to use them to our best advantage and try to get them altered

And how do you suppose the OP was to check his/her own privilege card had the correct amounts deducted, when its likely against company policy for them to check their own cards by themselves and would need a colleague to check for them? I.e. their not allowed to enter their card into the system themselves as they could easily add or deduct amounts from it!

It be no different to processing their own refunds! So even if they had a colleague check, whose to say the colleague actually checked it thoroughly or just glanced and said "yes its fine" - So on that basis, how is OP responsible for checking his/her own privilege card?!

As for procedural fairness, well none of what you mentioned would be relevant as the fact the OP has been disciplined for the failure of the cashier to follow correct procedure (and i doubt their is a policy requiring the OP to check the cashier did it correctly) makes the whole disciplinary process unfair!

Also if they had spoken to the cashier then that conversation should have been included as evidence or as a witness statement from the cashier in the disciplinary!

[jon1965]

Re: Resigning under investigation

Teaboy
It would , I suspect have been fairly clear on the receipt the amount of discount given etc so if the refund was given at the full price then it would have been pretty obvious unless you are aware of a system that works differently.
As for the disciplinary , well there had only been the first part, no decision so it is quite possible, and legal for further investigation to happen between meetings.

It appears the OP resigned on the advice of the union rep . I know from experience that USDAW are a particularly ineffective union although who knows what Union was involved so do the Union have liability insurance?

No one, except the the people conducting the investigation know exactly what was looked at .
I do think that Tesco are being rather strict in their reference giving , I know of two multinational employers that only give dates of employment and role in the written references .

[teaboy2]

Re: Resigning under investigation

Jon its merely an assumption that the amount and discount amount on the original receipt match or did not match the amounts refunded and deducted from the card if indeed the card was even processed during the processing of the OP's refund! Its also the cashiers job to follow procedure when making staff refunds to ensure any discount is accounted for and processed correctly when refunding staff purchases. Don't forget the OP likely had the original receipt taken off them too, so how is he/she to compare the amounts? Surely they can not expect the OP to know precisely what the price of each item was on the day of purchase and the discount amount! that be likely expecting them to know the price of each items in store and every price change made, and price changes occur daily!

Last year there was a similar thread where the OP was the cashier and had been accused of gross misconduct for not processing a staff members refund and discount correctly, i.e. refunded full amounts - Employer was i believe one of the supermarkets too!

[teaboy2]

Re: Resigning under investigation

Tesco have overreacted in an unjustified and unreasonable way by taking the disciplinary route against the OP for the cashiers failure to follow strict procedures (tesco have more or less admitted the cashiers failure by stating all staff need to be retrained).

The correct course of action would have been to approach the OP informally and asking her if she was aware of it, as it clearly was not an intentional deliberate or criminal in nature - Which is what would constituent misconduct and/or gross misconduct. The wrongful of negligent act was carried out by the cashier not the OP, as it was the cashier who failed to follow procedure and therefore should be subject to disciplinary not the OP. The OP had rightly so, trusted the cashier to follow correct procedure and trusted Tesco to ensure the cashier was competent enough and trained to do so (Hence Tesco breach of mutual trust for failing to ensure cashier was competent enough or trained to follow correct procedure).

Tesco should therefore have simply made the OP aware of the issue informally and invited her to repay the amounts in question, either there and then or be deduction from wages. Instead however they have accused the OP of fraud to make a financial gain, which is simply not the case as it was not deliberate and the OP wasn't even aware of it until being suspended and not knowing the exact details until the investigatory meeting!

[jon1965]

Re: Resigning under investigation

That is sort of my whole point. Everyone is making assumptions from how the discount system works to having the receipt taken off them (not usual in my experience if not all items are returned). Of course the employer will over react, they are responsible to shareholders who are interested in maximum profit.