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Got fired for the most ridiculous reason ever. Please help

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Original post by nikkinikki96
Its one minor mistake. He has never made a mistake at work ever before. He is always early and impressed his previous manager who got sick and tired of the manager above him so he stormed out.


How long into his probationary was he?

If this was his first mistake and he's done well so far for a while, it seems very harsh. It sounds a bit like they were looking for a pretext though - has he had other problems with customers or managers that you know of?
My God. How many of you condescending asshats have actually worked in retail? :K: The probationary period is meant to be the time that you make mistakes and quickly learn from them... Not to be completely flawless... (Because that's the whole f'n point of probation). The type of punishment has to be proportionate to the mistake committed and quite frankly, any reasonable employer should give leeway to a new colleague, making a first-time mistake worth 5p.
Feel free to disagree (as I'm sure someone will) but why don't you work in retail for a year then come back and answer this post. ASSHATS.
Original post by Judge Judy
Get your partner to send a complaint by email to the Senior Manager above those 2 other managers and threaten to tell the media about it because they will be scared of any bad publicity as that's a stupid reasont to be fired
Contact a Union or Citizens advice bureau , although maybe nothing can be done to change it but better than doing nothing and letting them get away with it as he did deserve at least a warning or second chance
It's only a stupid carrier bag and 5p
Tell him to ring or email the story to local and national newspapers, tv, news stations, Morning tv, Watchdog, magazines that pay people for stories like that
Look in your shops, supermarkets for magazines that ask people to write in about stuff like that as i think people will be interested to hear about this kind of injustice
It might be a bit far fetched and over the top but if you don't contact the media about it to try to embarrasss the company and warn people this can happen they will get away with it.
That's a stupid reason to sack anyone and nobody deserves to be treated that way as there are employees that steal from companies so what he did is nothing compared to that
Tell him not to take it lying down
If he goes public with it he could make lots of money from it by going on interviews, being paid for the story by newspapers and magazines or maybe someone will offer him a job because of it or become famous from telling about it
I'm just throwing out lots of ways to get back at the company as their biggest fear will be any bad publicity
And as for the manager saying it's gross negligence that's ******** and GT laughable
Everybody needs to hear about this story and they will think it's ridiculous too
Pretend your going to hire a lawyer and sue them, that will scare them
He should record the shop outside and put it on You Tube telling people about them

Also tell him to go straight to an empoyment agency on the high street like Reed but sign up with several agencies as that will get him a job much quicker
Also apply for Trainee Recruitment jobs online with Reed, CV Library, Monster Indeed and type Foxtons estate agents on google because both those jobs pay way better than retail jobs and you need no experience to get them and they are much better career prospects


You think firing someone for not doing their job properly in a probation period is going to get attention in the media?
We live in different universes clearly
Original post by Light Venom
do uber, my friend makes 1000 pound per week


yes I advise this

Spoiler

Original post by nikkinikki96
My partner got fired today for not scanning a plastic carrier bag and forgot to put the 5p in the till but left it on the side. He is on probationary period but he was given no warning nor a second chance. The manager above the manager said it was gross negligence. Is this a legit reason for him to get fired?! He has to look after a house and support me and the cats. Can someone give us advice on what to do and how to appeal for the reason of being fired. Thank-you.


What?! That's stupid. That's like firing someone for pressing the wrong key on a computer: extremely fussy.
Original post by IamJacksContempt
Yes, you stated a lot of nonsense. Forgetting to put 5p in the till is not gross negligence or misconduct.

But no, I'm sure you and the other condescending posters know better than the employment tribunals right?


Yep, just as I thought - you are troubled by reading comprehension. You are applying what others said to me. Go bloody learn to read before commenting. I know kids seem to struggle with it these days but get with the program son.
Original post by Zangoose
My God. How many of you condescending asshats have actually worked in retail? :K: The probationary period is meant to be the time that you make mistakes and quickly learn from them... Not to be completely flawless... (Because that's the whole f'n point of probation). The type of punishment has to be proportionate to the mistake committed and quite frankly, any reasonable employer should give leeway to a new colleague, making a first-time mistake worth 5p.
Feel free to disagree (as I'm sure someone will) but why don't you work in retail for a year then come back and answer this post. ASSHATS.


I worked for 9 months altogether for a supermarket and I agree that this reaction is way OTT, that's why I was asking OP if there were other issues.

It might be helpful to know which chain it was, some stores are better than others - was this one of the bottom feeders like Poundland? They are notorious for treating employees like conscripted slave labour.
Original post by VMD100
You think firing someone for not doing their job properly in a probation period is going to get attention in the media?
We live in different universes clearly


Of course it's not going to get media attention, but that doesn't mean it's fair or proportionate - there may not be any comeback, but it's the sort of thing that's worth discussing and if possible we could know the name of the store involved, so that people know to avoid going for jobs there.
Original post by J-SP
My employment law is very rusty, but I thought anyone with less than two year's service would not be able to make a claim for unfair dismissal anyway.

Even if this individual could take the employer to a tribunal, the costs of doing so are probably high enough to make them reconsider whether it is worthwhile.


Yes 2 years for UD. the main claims which fall outside are those under the Equalities Act or WD or some technical infirngement.
Original post by Fullofsurprises
Of course it's not going to get media attention, but that doesn't mean it's fair or proportionate - there may not be any comeback, but it's the sort of thing that's worth discussing and if possible we could know the name of the store involved, so that people know to avoid going for jobs there.


Doesnt matter they can in most circumstances get rid of you for anything (except equality act claims) without reason. They were on probation anyway. They made a mistake.
Original post by Zangoose
The probationary period is meant to be the time that you make mistakes and quickly learn from them... Not to be completely flawless... (Because that's the whole f'n point of probation).


I'm afraid you have entirely the wrong idea of the purpose of a probationary period. It is not a period when an employee learns the job and settles in, with leniency being shown for mistakes.

It is a period when the employer can get rid of an employee for any reason and with no need for paperwork, proof or procedure. It allows someone to be employed but for recruiting mistakes to be remedied with as little cost and fuss as possible.
Original post by 999tigger
Doesnt matter they can in most circumstances get rid of you for anything (except equality act claims) without reason. They were on probation anyway. They made a mistake.


Yes of course, but as I said, that doesn't mean we can't spread the word about which supermarket chain it was and the fact that it's an obviously very unfair way to treat any probationer.
Original post by Fullofsurprises
Yes of course, but as I said, that doesn't mean we can't spread the word about which supermarket chain it was and the fact that it's an obviously very unfair way to treat any probationer.


It may or may not be official policy. It may not have been just about that.
I think a lot of people are forgetting the fact that a carrier bag doesn't have a barcode. It's not like he forgot to scan an item, he forgot/didn't realize he had to charge for.

It's a mistake you can make once and learn from it.
he has to support you and your cats..?
Original post by Fullofsurprises
Of course it's not going to get media attention, but that doesn't mean it's fair or proportionate - there may not be any comeback, but it's the sort of thing that's worth discussing and if possible we could know the name of the store involved, so that people know to avoid going for jobs there.


A big store chain has thousands of employees. Many of them will have gone through a probation period. But because of the anecdotal evidence of one person people should avoid applying there?
Bad luck to OP but a probation period is just that.
Original post by 81megatron81
Yep, just as I thought - you are troubled by reading comprehension. You are applying what others said to me. Go bloody learn to read before commenting. I know kids seem to struggle with it these days but get with the program son.


Wow great counter argument you moron haha. I just destroyed you with cold hard evidence and thats your reply? Just admit you were wrong and toddle along child. No one wants any more of your stupid input into this thread anymore.
Original post by IamJacksContempt
That's not what probation periods are for..

You're either a troll or very ignorant of workplace practices. Either way you shouldn't be giving advice on this thread.




Surprised how many morons think a sacking is a proportionate punishment for a negligble mistake. I would love to see how they run a business lol


Excuse me but I've actually worked in retail for 4 years, and guess what?
Not operating a till correctly is considered gross negligence hence why OP's partner got fired!

If you cannot do a job properly and make constant mistakes then what use are you to the employer?
I recently went to an interview and the interviewer said they had to fire the person because they made one mistake and they are scared that person might do it again.
Original post by Klix88
He sold an item without scanning it and then failed to handle a customer's payment correctly. There aren't many mistakes you can make whilst sitting at a till and he's managed two of the most fundamental ones. It's not the scale of the errors, but the fact that he made them at all. If he can't be trusted to sell a carrier bag correctly or put money in the till, what might happen when he's processing a £100+ monthly shop or selling a bottle of decent champagne or handling payment made with several £20 notes? The company can't trust him and what he did was gross negligence. No grounds for appeal. He's clearly not cut out for it. He should move on and try something else. His domestic responsibilities will hopefully help him focus more in his next job.
Gawd cold as the night.
Learn from the mistake OP. Prepare and be organised at work as much as yeh can. Also better to do something slow and right than fast and wrong. Whether it was fair or not doesn't matter, new job. At least yeh know it can happen. Try to focus next probationary period but don't beat yourself up over it. These things happen.
Original post by Good bloke
I'm afraid you have entirely the wrong idea of the purpose of a probationary period. It is not a period when an employee learns the job and settles in, with leniency being shown for mistakes.

Well as I said, opinions may differ. They got rid of him already so let's discuss the possibilities following on from the dismissal.

It is a period when the employer can get rid of an employee for any reason and with no need for paperwork, proof or procedure. It allows someone to be employed but for recruiting mistakes to be remedied with as little cost and fuss as possible.


Now, we have to remember some things.

a) Employment begins on your first day. Not after probation is over.
b) Employees are still entitled to minimum statutory notice which is 1 week.
c) Employers still have to abide by certain obligations even during probation, e.g. being reasonable, giving an employee a chance to improve and conducting regular reviews of their performance
c) Employers must give a clear indication of what constitutes certain things. So the person at the top claimed "gross negligence" which can result in immediate dismissal but lets look at the legal definition of "gross negligence".

Gross negligence is a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both. It is conduct that is extreme when compared with ordinary Negligence, which is a mere failure to exercise reasonable care. Ordinary negligence and gross negligence differ in degree of inattention, while both differ from willful and wanton conduct, which is conduct that is reasonably considered to cause injury. This distinction is important, since contributory negligence—a lack of care by the plaintiff that combines with the defendant's conduct to cause the plaintiff's injury and completely bar his or her action—is not a defense to willful and wanton conduct but is a defense to gross negligence. In addition, a finding of willful and wanton misconduct usually supports a recovery of Punitive Damages, whereas gross negligence does not.


I don't think making the honest mistake of forgetting to scan a 5p bag is "gross negligence", but opinions may differ. Now, based on that legal definition, let's see what gov.uk has to say about misconduct.

To make sure the dismissal is fair when misconduct isn’t ‘serious’ or ‘gross’:

Arrange a meeting with the employee, telling them the reason for it. At the meeting, give them a chance to explain and issue a first written warning if you’re not satisfied with their reasons. In the warning, tell them how you expect them to improve and over what period - warn them that if they don’t improve enough, you’ll give them a final written warning.
Hold a second meeting if their performance or behaviour hasn’t improved enough by the deadline - give them a chance to explain and issue a final written warning if you’re not satisfied with their reasons. Revise the action plan with timescales for improvement and warn them that you’ll consider dismissal if there’s no improvement.
Hold a third meeting if their performance or behaviour is still not up to standard by these new deadlines. Warn them that dismissal is now possible. After the meeting - or appeal if there is one - decide whether to give the employee a further chance to improve, or dismiss them. You must tell the employee of your final decision, whatever it is.


So yeah, I dunno. I personally think it was unreasonable. It's not unheard of to dispute dismissal before 2 years have elapsed. OP take a look at these links:

http://insighthr.ie/dismissal-during-probationary-period/

http://www.firstpracticemanagement.co.uk/blog/posts/probationary-periods-a-guidance-to-probationary-periods/

http://www.employeerescue.co.uk/advice/i-dont-want-to-lose-my-job/probation-dismissal/

http://www.jobsite.co.uk/worklife/probation-periods-19677/

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