Member of Staff gave Unauthorised Discount - Gross Misconduct?

[divalou]

Hi there;
I have a member of staff who, two days after a staff meeting was reminded not to give discount without permission, to charge full price for blow dries and to stick to the price list, undercharged a friend of his and then again gave someone a cheap hair cut & colour - without my permission.
I confronted him about the incidents and he said the 1st one was because she was quoted £15, but I later discovered she was quoted £30, then today he didnt charge for a blow dry and straighten (£15) and only charged £10 - which is what we would charge for a dry straightening.
I told him that its unacceptable and if I catch him again I will take it out of his wages and give him a written warning, but I decided it was serious enough to give him one anyway and as a result he's having a Disciplinary Hearing on Wednesday.

So my Q is, would this be considered Gross Misconduct and therefore a Sackable offence?
Im pretty sure if I'd got caught giving away stuff free or giving out a discount in the shop I worked in I'd be sacked on the spot.

Also, as I'm going through with a Disciplinary Hearing, what exactly do i do?! And can I come to the conclusion that its Gross Misconduct and that I can ask him to leave?
If so do I need to give him notice and do I have to pay him?

Why do people insist on taking the p*** out of small businesses?! He wouldnt have got away with it at Toni & Guy!!

Thanks
Lou

 

[dawncbn]

Hi, I would either check this one out with Acas. Or go onto the businesslink website forums and ask the question in the legal section. Businesslink is an excellent informative forum for business people. It is also very well used and questions are answered almost straight away. Hope this helps.

 

[divalou]

ooh thanks, I'll try Businesslink as ACAS put me on hold for days

 

[Blue Rose]

You could also try this forum: Employment Problems - The Consumer Forums

 

[divalou]

muchas gracias

 

[Ruth Mills]

I think the very least you should do is deduct the total of the unauthorised discounts from his wages and give him a suitable written warning. I personally wouldn't go as far as sacking him yet, but put in the written warning that any further unauthorised discounts will result in his dismissal.

 

[carlydee@hotmai]

Oh how bad, some people just don't care.

You are correct, it is a sack on the spot. This is classed as stealing.

I would just get rid of him, how many other clients has he done this to.

Don't give him a written bloody hang him.

Good luck

 

[1999judy]

What is it? Do your own price day?
You have to get on to this hun......but do it the RIGHT way even though I know you are mad as hell! xx

 

[Ruth Mills]

Yep - maybe I'm being a bit over cautious with my approach - but if it saves an industrial tribunal then it may be in your favour to take the written warning approach rather than instant dismissal - but again check the employment legislation to be sure.

Although I run a limited company, it's just myself and Sonia - any "sackings" would surely cause marital disharmony lol...

 

[Blue Rose]

Your course of action will also depend on long he's been in your continuous employment. If he's been with you less than one year, it's easier to get rid.

If he's been with you over a year, then you must make sure you follow correct procedure, otherwise it is an automatic unfair dismissal & he has every right to take you to a tribunal.

You really need to speak to someone who knows the full ins & outs regarding employment law. Don't make any hasty decisions as they may come back & bite you on the bum.

 

[Lavender-blue]

Is he definately undercharging the clients , or is he really charging the clients the full price and ringing it in the till at the reduced price and pocketing the rest???

How did you find out? If he did what i have suggested then its theft.

Is he a clever clogs and making it look as though he has undercharged?

Whichever way he is doing it , he still needs to be disciplined. Just double check with the clients to see what they actually paid hun.

Good luck. Let us know how you get on. :hug::hug::hug:

 

[Mrs.Clooney]

If these are the first times he has done this, and you have not had problems with him before now, then I personally would not think this is a 'sackable offence'. You have every right to be very annoyed as he obviously disregarded what was clearly mentioned in the staff meeting.

I'm not sure if you can legally deduct this from his wages at this point if there has been no written warning.

I would give him a written warning stating that as this has happened twice, it will be deducted from his salary if he repeats this again. Then if he still disregards your policies he will be sacked!

I don't see how he will have any comeback this way, as it will have been clearly stated in writing with a copy to him and one for your records. I would also get him to sign that he has read understood the written warning.

 

[collin]

Whichever route you finally decide to go the most important factor is to ensure you document each and every step you take...even with a verbal warning..this should be written down and the recipient should sign to say they have received the warning.

if you liaise with acas and document things you will undoubtedly be advised correctly and have well documented evidence to produce in the event this matter goes to a tribunal.

Far to often it is poor record keeping of the disciplinary procedures that causes employer problems when it comes to employment issues..especially at a tribunal.

remember the judges will expect you as the employer to know the procedures whereas the employee can ..well erm basically screw things up and get away with it

 

[donna'sdelights]

Oh how bad, some people just don't care.

You are correct, it is a sack on the spot. This is classed as stealing.

I would just get rid of him, how many other clients has he done this to.

Don't give him a written bloody hang him.

Good luck

I am in agreement here He is stealing from the company "dissmisal in appropriate". You gave a staff meeting instructing the need for permission to to given for any discount and he has ignored this. I dont know about notice and such but if you do have to give notice I would suggest payment in lu of, as he is likely to dish out discounts for the hole week if he knows he's going any way. how much out of pocket do you need to be before you take action??

 

[Gilly T]

I think ACAS is definitely the place to go to for advice on an issue like this. I personally would not go as far as sacking him straight off. Not because I don't think he deserves it, but because I'd like it noted in his personal records that he has received a formal warning for it.

I think I would give a written warning and request the money lost back.

 

[Sassy Hassy]

Employment law is such a minefield. Go and consult the experts because you could end up at an Industrial Tribunal which could cost you megabucks ... even if he is in the wrong they do seem to side with the employee unless everything is done by the book ... and that book seems to get bigger and more complicated every year.