Many people out there may be guilty of pressing zero at the self-checkout when asked how many bags they’ve used and taking one anyway, skipping the additional 30p charge … especially if you’ve forgotten to bring your bag for life.
An employee who had worked the night shift at Romford Sainsbury’s Superstore for two decades did a food shop after work. After a long shift and on autopilot he packed up his shopping as usual, taking some bags to do so, but pressed zero bags on the self-checkout.
The next day, the employee was hauled into the management office and sacked for gross misconduct. The supermarket could no longer trust him due to his actions.
He took Sainsbury’s to an employment tribunal, who found that they were within their right to sack him.
Many people out there may be guilty of pressing zero at the self-checkout when asked how many bags they’ve used and taking one anyway
An honest mistake that broke the law
Employees are required to subject themselves to certain standards. Since 2015, UK shops have been required to introduce a minimum 5p levy for shopping bags. As such, technically he had broken the law.
He pleaded his innocence, saying it was an honest mistake. However, the retailer felt they had no option but to dismiss him for theft.
Under their rules, if an item is taken without approval, then it constitutes gross misconduct. This is irrespective of the monetary value.
And the tribunal agreed – crucially finding that Sainsbury’s followed the correct procedure during their investigation and subsequent disciplinary action.
For this reason, they ruled that there was no case to answer.
The retailer felt they had no option but to dismiss him for theft
The importance of clear policies
Many in the media and online have branded it ‘baffling’ that an employee who dedicated 20 years of his life to an employer was dismissed for something ‘so small’. But this case demonstrates the importance of having clear policies and procedures in place.
Regardless of the employer’s feelings about the actions of the employee, these policies and procedures need to be followed to ensure a fair disciplinary process.
Firstly, a full and thorough investigation must take place to establish the timeline of events and facts within the case.
Depending on what is shown in the investigation, then the disciplinary procedure should be enforced.
Unfortunately for the employee in question, this means that regardless of whether the item he took from the store cost 20p or £200, the outcome would be the same.
Under their policies, any theft was classed as gross misconduct, which would result in dismissal.
