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RJM Law
RJM Law, Laywer
Category: Employment Law
Satisfied Customers: 3025
Experience:  LL.B (Hons)
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I currently work at Morrisons where I've worked for 2 Years

Customer Question

Good morning.I currently work at Morrisons where I've worked for 2 Years 8 Months. I've originally joined as a Grocery Manager but decided to step down in September 2020. It was me who made that decision. After stepping down, I've been offered a full-time position as a night's customer assistant.During my shift on 21/04/2021, my line manager had authorized a £0.01p transaction on a self-scan to another colleague - for a blender. I've witnessed the transaction and was surprised that the retail price of the blender was actually £0.01p and queried it with my manager straight away. I've commented on how 1p items should be given to charity as there used to be a brief back in the day about this and that there should be a manager's lock on checkouts that gets triggered and prevents people from making 1p purchases. He told me it's okay because It's going through the till so it can be bought. This transaction was on break and I did say that I'd like to buy one if it's this cheap and he has told me to buy it as it is going through, giving me authorization. He didn't seem hesitant at any point.After our second break (this now makes it 22/04/2021 as it's after 02:30 am), I've spoken to him about the 1p blender again and he has reassured me that it is okay as it is going through the till so I can buy it. After a while, I was on the aisle with my line manager and other colleagues and the blender was getting discussed where the manager was actually saying how much of a bargain it is. He then told me and another colleague to get one from the warehouse and just get one. So we've gone to get one - not on our break because he has told us to just go so effectively we've followed our line managers instructions.When in the warehouse, we've both picked up one blender each from the trolley, and the other colleague was going to put it in a safe place so that he can buy it after our shift finishes.. so I've said something like "keep this one there too" whilst I've handed over the blender I was holding to him and he said okay then gone out of the warehouse.He had put the blenders on top of the lockers and handed one to me upstairs but having clocked out, I then proceeded downstairs towards the self-scans to pay for the blender. I've successfully completed the transaction by card and gone home.I've worked Thursday night and then I was off on Friday and Saturday night. Came back to work on Sunday 25th, just after 10 pm, I'm standing on an aisle with my other line manager and Mark (days manager) who was working a night shift that night.. and Mark decided to randomly start pointing and flicking a Stanley knife at me. My manager witnessed this and I've told him that I'd like to report what happened as it is dangerous and he shouldn't be doing that. Manager said he'd mention it to people manager in the morning.In the morning, on 26/04/2021, the people manager called me in to have a meeting with me, asking me if I'd consider going onto a twilight shift pattern but I said no not at this time. She then said okay and then proceeded with explaining that she needs to do an investigation meeting with me now... investigation meeting was about purchasing the 1p blender.I've described the above to her and she's explained that it is gross misconduct. I then worked Monday night shift and got suspended on Tuesday.. when I got into work for my shift that was supposed to start at 22:00.I've had another investigation meeting on Wednesday which was really just me repeating what I've already said and her trying to manipulate my answers. After, I've been given a letter inviting me to a disciplinary which is taking place on 6/05/2021 at 11 am.The allegations of gross misconduct are:"1. The purchase of charity 1p waste item, specifically a blender originally priced at £35
This is a breach of Morrisons Policy on charity 1p waste deranged/ delisted items
You allowed another member of staff to put goods to one side on your behalf to be purchased at a later time
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: manager yes. no lawyer
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee with union membership
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: that's all
Submitted: 12 days ago.
Category: Employment Law
Expert:  RJM Law replied 11 days ago.

Welcome and thank you for choosing our service, I will be the expert assisting you with this matter today.   I appreciate this matter is important to you and I shall try to resolve it as precisely and quickly as possible for you today.

Please note; there may be delays between messages as the experts on this website all work on a third party basis and are not online full time however, I shall endeavour to respond to your question as soon as possible.  I look forward to assisting you in this matter.

Thank you.

Customer: replied 11 days ago.
Please find attached the summary of the events.
Expert:  RJM Law replied 11 days ago.

Thank you I will have. review of this and revert to you momentarily.

Customer: replied 11 days ago.
Thanks. Hope it's not too much trouble
Expert:  RJM Law replied 9 days ago.

Thank you I have had the opportunity to review you r claim.  If they were to dismiss you for gross misconduct then you could potentially have a claim against them for unfair dismissal.  However, prior to making such claim at the Employment Tribunal, there is a process you must follow.  If you are dismissed, you will have to appeal this outcome and can then explain why you don't agree with their findings. If you then still do not obtain the resolution you want, but feel it is wrong. At that point you will have to raise early conciliation with Acas. You can do so here; https://ec.acas.org.uk. The conciliators at Acas will contact your employer and indicate to them that you have started the conciliation process. Acas will mediate the issue and see if they can help resolve the matter. If they cannot resolve the matter then they will close conciliation and issue you with a EC Certificate. This is the first step in the legal process and once the EC Certificate has been issued you can make an application to the employment tribunal if you wish to do so. Please be advised that there is a very strict time to make an application to the Employment Tribunal which is 3 month minus one day from the date the issue arose. Do also note that this time limit gets put on "pause" while you are going through the Early Conciliation process.

I hope this information has helped.  You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

If you require any help moving forward on this matter in the  future,  please do feel free to come back to us and I would be more than happy to assist.

Kindest Regards.