Far too long a story to post on here but does anybody have any up to date knowledge on employment law. It regards a 16 yr old who is facing a disciplinary (My nephew) however I don't think he is being treated correctly (I manage 15 staff and they have certainly not followed the procedure I am supposed to) It involves one of the large supermarkets and I get the feeling that as he is only 16 they feel they do not have to follow correct procedures. If there is can you let me know and either mail me or I can mail you. Thanks

Hi Lisa
I would suggest getting in touch with ACAS. All companies have procedures / policies to follow with regards to Employment Legislation, some are set down in law, some are the companies own, and can vary. ACAS would be able to confirm which type it is, and also, it it is a "company policy", if it's legal or not. I do know a little (I "manage" a Jobcentre - don't all shout at me), but ACAS are the experts.

Websites to look at are
www.acas.org.uk
There telephone number is 08457-474747 (Local call cost number if I remember correctly)

Which is where the DTI advise you to look at.
They also have websites
www.tiger.gov.uk
www.dti.gov.uk

Lisa - I watched my old company take disciplinary action against a colleague a year ago - email me and I can give you a rough outline if it helps :)

Can I ask in what relation he is being disciplined for ?
Under 18 year olds are classed as "young workers" and therefore require a greater level of supervision whilst at work .
Is there union representation where he works as he is allowed to take "a friend/colleague" in with him and obviously his union rep would be the best choice
Lel

Thanks Guys - the reason I think it has not been handled correctly is he was called into a meeting last week and asked if he wanted to bring someone in with him. He declined as he thought it was regarding his Christmas shifts and not a disciplinary meeting. When I have to perform a disciplinary I have to advise I am holding an investigatory meeting and state the reason why in advance advising them they are welcome to bring a colleague. It was only part way through the interview when he repeatedly asked what this was about they told him. Minutes were taken which he was asked to sign however he was not given a copy. Also over the weekend his job has been advertised internally even though the other person involved had not been interviewed until last night. They have called him back in and want him to attend during the day - he is at college full time and earliest he can get there is 5pm however they have asked him to come in at 3pm. He is not refusing to go back in for the decision however obviously does not want to take time out of college to attend - can they enforce this? I think he has resigned himself to the fact he is going which is a real shame as only 2 weeks ago a customer took time out to go to Customer Services desks and make a point of commenting on his pleasent and helpful manner. This whole thing is about a purchase he made whilst at work, he followed all the correct procedures, paid by switch and then had his receipt signed by the person serving him.

If they are accusing him of theft or fraud in any way whatsoever and he is adamant that he didn't do it then he could insist that the police are brought into it. That way even if he is disciplined he willl have some record that he was willing to face the police about the matter... not much good but might help should a future employer ask about it.

Good luck.

Never though of that Wishfairy. It isn't actually theft as he paid for the goods however they are saying the price that was scanned through was not the actual price of the item. Unfortunately he just signed the switch receipt and didn't check the amount. They are not allowed to serve themselves so it wasn't as if he changed the scan price. Sounds very messy but instead of the price going through at £10 it registered as 10p. They have kept his switch receipts and his signed staff receipt so we can't even look at those.

:( Sounds like whoever was on the till was doing him a 'favour'. If he's paid by cash he could have spotted and corrected the mistake but who really checks the switch receipt before they sign it - especially if you know the person on the other side of the till!

This sound like a genuine mistake on the lads behalf. Only a complete idiot wouldn't realise that the office staff would notice a switch receipt for 10p!!!

The other person may also have made a mistake and not noticed. IMO they should both have a talking to, the difference be paid for and some sort of 'punishment' (suspension for a time without pay/till privilages withdrawn for a time or something similar).

I think by advertising his job before the outcome of an investigation might be a bit dodgey on their behalf but you'd have to check this out. Sounds like he'd be better elsewhere anyway :rolleyes:

Whatever the ins and outs of this all companies must have a written policy with regard to disciplinary matters so that all employees are aware of what the procedures are, it is effectively an extension of the company/dite/office rules etc. Whether or not it is a serious or not so serious breach of discipline all such matters are subject to the agreed processes of verbal, written warnings prior to suspension or dismissal.

It the company recognises a union there should be a National Agreement in operation that can be consulted by both employees and employers.

This is where a number of cases fall down in court because the majority of cases brought by employers cannot demonstrate that procedures have been followed correctly.

All employees should have a job description as well as a full writtern terms and conditions of employment and be provided with and/or made aware of rules, health and safety matters, disciplinary and grievance procedures, absence policy, harrassment policy and holidays etc etc.

HTH
Many employers are extremely poor at this

I agree with all that Tohme has said - the company should be following its set down procedures to the letter and all employees should have had information on what those procedures are. It's very true that a lot of companies fail at Employment Tribunals simply because they have not followed the proper procedure.

One thing though about the scanning, and its a pity he does not have the receipt to check this. If it was a clean scan, ie the checkout operator scanned it and 10p came up then the item has been wrongly logged in the EPOS system. Certainly in big stores security on access to the EPOS system is usually very tight and the average employee would not be able to go into it and change anything, or even know how to do it! However, if there has been an over ride, for example, the item has been put through reduced to bring down the price to 10p that would suggest something entirely different.

To my mind, if it were the result of a mistake on the EPOS system, and the receipt should show what occurred in the transaction, it would be entirely possible if the two employees were chatting to each other whilst the transaction took place that both could miss the fact that the transaction was only for 10p. If I were the manager in this situation I would take this into account when investigating the matter.

My advice would be that he does try to attend the meeting and takes someone with him (and not just a pal!) He should write down anything he wants to raise or have discussed so that he doesn't forget what he wants to say in his defence. It can be very intimidating and worrying experience and the last thing he wants is to come out thinking that he hasn't got his point of view across.

Good luck to him and I hope he gets it resolved soon.

Lesley

Unfortunately in some supermarkets if an item doesn't scan the till operator is allowed to key enter it at the price on the shelf or on box/packet,possibly could be a keying error on the operators part.key enters show up on a daily basis and office admin would be on the lookout for these as you are only allowed so many in one day with reasons as to why it was done,supervisor should also have been called before it was allowed to go through,well,that's what is supposed to happen.With regards to the conduct of the first meeting if this goes to tribunal(has he been there for over a year)it will be thrown out as everything must be followed to the letter of the law,and they have not done that,good luck for your son,Sandra.

I agree Sandra, it could have been the result of non scanning and a subsequent keying error. The fact that there are several reasons why the transaction could have scanned through/been keyed through at 10p, either inadvertently or deliberately, means that he should be told exactly what he is being accused of and why they believe that to be the case.

Lesley

Lesley,I have worked in retail for over 20 years and I despair over the treatment of staff at times,yes there are bad apples but there is a way to deal with those ones and it is called performance management,yes it takes time to get them out the door but at least you know you have done everything correctly and it can't backfire on you or the company,would you agree?,Sandra.

Absolutely Sandra - I'm lucky I escaped from retail :) , but my current job brings me in contact with a lot of employment sectors and I have to say retail is one of the worst for riding rough shod over what is right and proper and for treating staff poorly! As you say, if you do it right, you'll always get the proper result! I wish more companies would!!!

I hope this lad gets treated properly in the end - or else he'll have his view of work jaundiced from the get go and that will be such a shame when he's just starting off on his working life.

Lesley

Well I spoke to Acas yesterday and they agreed that to pull him into an investigatory meeting without first telling him the exact purpose of the meeting was wrong. I contacted the Personnel Manager on his behalf to advise he could not attend the meeting yesterday afternoon but was however more than happy to come into today at 5pm after college or tomorrow, She got very shirty and said they wanted him in asap. I told her again that Wednesday at 3pm was not convenient but he would come in today or Friday - guess what she's on holiday today and Friday so it's now gone over into next week. What angers me is there refusal to let him have a copy of the minutes taken at the first meeting as he kept asking what the meeting was about to which the interviewers kept saying we will tell you later. That proves he went into the meeting not having a clue and therefore wasn't able to make an informed decision about taking someone in with him. Also the staff handbook states if you want further information on the procedures speak to the Personnel Manager or see Disciplinaries and Appeals in ***** How is he supposed to get a copy of that if he has been suspended?

If she is on hols or off you have to talk to the area hr officer,who I can assure you will not be happy at being dragged into this and will give her hell,go for it girl!!!!Sandra.

I feel that younger people at work seem to get treated like there stupid or arent good enough. just dont bother treating them like they should i hope you sort the prob out