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Got fired for the most ridiculous reason ever. Please help

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TSR's new app is coming! Sign up here to try it first >> 17-10-2016

    (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:





    (Original post by IamJacksContempt)
    I think you need a sense of perspective to be honest. You're acting as if this one mistake is an indication that he isn't suitable for the job. Everyone at some point or another has made a mistake at work in some capacity.

    By the sounds of your post I doubt you've ever even had a job...
    Actually I'm 52 years old and have had a few jobs. Coincidentally, I currently do two shifts a week in a supermarket alongside the uni day job. Before my first shift on tills I was warned that failure to handle money correctly - even by a matter of pennies - would result in instant dismissal. Maybe your retail employer was more relaxed about such things, but mine takes this sort of error very seriously.

    If the bag had a hole in it , he might have had to give the customer a discount so the bag would be worthless anyway. Who wants to put shopping in a bag with a hole in it?

    (Original post by Horsedobbin)
    If the bag had a hole in it , he might have had to give the customer a discount so the bag would be worthless anyway. Who wants to put shopping in a bag with a hole in it?
    Why would the bag have a hole in it in the first place?

    I have worked in retail on and off since i was 16 and at my current place i have been there for 3 years, everyone makes mistakes and it is natural no one is going to be perfect. I made a more serious mistake when i was on probation where a customer was paying for her credit card bill the till was locked so when the transaction went through the till obviously couldn't open so i thought it would be a good idea to do another transaction the till was open this time but as i was new i had not known that as i hadn't cancelled/refunded the first transaction the customer would potentially have been charged twice this was £300 so way bigger then this 5p. The management had to go sort it out to make sure she didn't get charged twice it was a major mistake but i am still there 3 years on at times i still forget to put money in the till or even vouchers it isn't a big deal and just to say where i work is a major retailer.
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