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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45375
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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my line manager has set me a target of 45% for gift aid which

Resolved Question:

my line manager has set me a target of 45% for gift aid which I have no control over so I have cheated to obtain this figure he has now suspended me & after reading the notes am sure that after meeting I will be sacked im 70 have worked for company for 18 years am one of the top taking shops & I know its more to do with my age & sickness any excuse he could find I was diagnosed with cancer 2 years ago & he has let me & work even when he has had medical cert because I couldn't get any one to cover my shop
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What would you like to know about this?

Customer:

I have been suspended for breaching the way we do gift aid as I have a 45% target to meet each month & I have no control on the donations people bring in and donate so if a customer bring 20 items & only able to use 2 I have put 18 other tickets on good items I have in stock,how can a company set targets which are not achievable

Ben Jones :

Whilst the company should not set targets which are unachievable that does not give you the go ahead to cheat in order to meet them. If you believed that they were unrealistic targets then it is something which you should have raised with the employer at the time and if you were unable to meet these targets and the employer then decided to take performance action against you as a result, it is something which could have been challenged at the time. The issue you have now is that you have been dishonest in your actions, which can be a misconduct issue. Still, if you believe that the employer is going to take action against you because of your age or illness then that is something you can use as a defence or to challenge any potential dismissal. But the main issue as mentioned is that you have done something which could allow them to take disciplinary action against you as it was not the right thing to do in the circumstances.

Customer:

I did tell my line manager that I wasn't happy about this & he knew what I was doing as most manager do the same he told me not to get caught but its his word against mine & he is an area manager

Customer:

It was not done for any gain to me & as we sent out letter to customers each month telling how much they have made if they donated & got no letter because there donations were raged they would take there donations elsewere & we get payment from a rag merchant for rags

Ben Jones :

It would not matter if you did it for personal gain or not, in a sense that you did not actually make money from it, but it is the dishonest conduct that would matter, which is a breach of trust

Customer:

so if they sack me and I go for unfair dismissal can I bring all the facts up at a hearing as the only reason he is doing this is to get rid of me

Ben Jones :

yes of course you can, anything that has happened to date which may shoe that there are ulterior motives for the dismissal

Customer:

ok many thanks

Ben Jones :

you are welcome, all the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45375
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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