A tasteless disciplinary process that threatened to discard an employee

It may sound unbelievable but when Sian was first made aware of the serious allegation that led to her dismissal, she was completely unaware she had done anything wrong.

She was fired from her airport-based job, after six years’ service, for an act of theft, after taking and eating a leftover sandwich.

A member of staff was taking the food to dispose of it after a management meeting when Sian, who was passing, helped herself to the item.

Shocked Sian contacted our Employee Support Centre for help and explained her disbelief at what had happened to her. She was put in touch with one of our trade union representatives.

After he discussed and reviewed the case with Sian, his initial  reaction was the outcome was unfair and too severe.

Sian explained she had asked what would happen with the  food, was told it was going in the bin, asked if she could take a ham sandwich and was told she could.

She was  suspended from work and later invited to a fact-finding meeting and shown CCTV footage of her taking the sandwich and walking away taking bites out of it.

She explained she had asked and was given permission to take the food, and did not believe she had done anything wrong.

The disciplinary investigation concluded Sian’s actions amounted to theft. She was devastated by the finding.

Sian was invited to attend a disciplinary hearing, at which her explanation for her actions was deemed unacceptable and she was dismissed.

Our trade union rep was concerned about the disciplinary process, as the member of staff disposing of the food was not interviewed as a witness.

He wrote and submitted a disciplinary appeal on behalf of Sian. The grounds for appeal were essentially that the decision to dismiss was unfair and unduly harsh.

In the appeal letter our trade union rep requested the employee who was throwing the food away attend the disciplinary appeal hearing as a witness.

He referred to section 12 of the ACAS Code of Practice to support the request, pointing out it does not explicitly restrict this right to  call witnesses only to the initial hearing. Our trade union rep added that in  practice Sian should be allowed to call the witness during the appeal as it is relevant to her case.

The employer refused the request. Despite an exchange of email correspondence with our trade union rep, the company was unwavering in its stance.

A compromise was eventually reached and written questions on behalf of Sian were put to the witness.

The answers, in large part, supported Sian’s case in that she had asked for the sandwich. The worker did say that they could not recall what they said but would have said the food was going to be thrown away.

At the appeal hearing our trade union rep presented Sian’s appeal. Her desired appeal outcome was to be reinstated.

Our trade union rep asserted Sian had asked if she could take the item, was told she could, and the witness evidence shows they did not unequivocally deny giving her permission to take the sandwich.

It was said this showed there was no intent to steal and largely supported Sian was told she could take it. The failure to interview the witness was said to be a significant flaw in the original process.

He added as the sandwich was destined for disposal it cannot reasonably be considered valuable company property. Our trade union rep said dismissal was unduly harsh in the circumstances and disproportionate.

Our trade union rep in a comprehensive presentation of Sian’s appeal also informed the hearing that she was remorseful and apologetic, and how it was completely out of character given her years of exemplary service and clean disciplinary record.

He added that she had taken appropriate learning from the matter which would ensure she would not be involved in a similar incident in future, and was strong in his assertion she should be given a second chance.

The appeal was later upheld and Sian was reinstated.

If you need expert help to challenge an unfair disciplinary sanction, you can get assistance from of one of our experienced, dedicated and skilled trade union reps to do so. Contact our Employee Support Centre or call us today for a free initial consultation on 0333 772 0611.