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  1. #1
    jb0o's Avatar
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    Problem at work....

    First let me apologise for a long post, I just really need advice from a general point of view as to the legal view and moral view on my problem.


    I work for a clothes shop part time whilst I'm at Uni. I get 30% discount on all clothes and I bought my brother a leather jacket which was 110 for 77. What I didn't know was that the jacket was actually for his then-girlfriends brother.

    I got a call today from my manager at work pretty much booting off at me saying my job was on the line because the brother of my brothers ex-girlfriend went to a different branch and exchanged the item WITHOUT a receipt (because it was faulty) and got a non-faulty jacket as well as a receipt with the full 110 jacket on there, meaning within 28 days he can return the jacket for a full refund of 110, when he only paid 77.

    Our rules and regulations are that we can use our discount for ourselves, partners and family members. I did this within the rules as my brother bought the jacket, and then unknown to me, gave it to someone else.

    I feel like I've done nothing wrong, but my manaer isn't happy at all and says that I'm pretty much screwed if I don't manage to get the jacket back.

    My view is that the fault lies with the branch that accepted the jacket WITHOUT a recipt. The receipt shows that the jacket was a staff purchase and would have therefore been rejected the exchange and would be told to come back to my store to sort out the problem as the discount was applied under my name.

    If this does go any further and I get sacked for it, would this be an issue for Citizens Advice? I'm also sure that the regional manager would want to know that managers are accepting exchanges for items without receipts.

    Thanks for any advice,

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  3. #2
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    mmm, so how did your boss find out about this if he didnt have a receipt? Did he grass you up at the time or something because i dont understand how it would have got back to your boss?
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  4. #3
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    I'm no lawyer, neither do I work in retail, however I'd say the following.

    You bought the jacket for a member of your family, perfectly allowed within the rules. You have no control over what your brother chooses to do with the jacket, and neither were you aware of his intentions when you obtained the jacket at a discount for him.

    I would agree that the fault lies with the store that issued the exchange item and gave a receipt for the full value. In fact i'd be pretty certain of this being the case and you are well within your rights to tell you manager the same, the Company wont be able to sack you for this, if they do then you can take them to court. Even if you were at fault, then they would have to prove Gross Misconduct to be able to dismiss you without verbal and written warnings.

    Speak to your head office HR department and explain the situation to them, they will be able to advise you on the matter, and they will also have your conversation on record should your manager try anything on, then you have something to cover your @rse.

    Good luck!
    Last edited by beanoir; 30th December 2009 at 19:47.
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  5. #4
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    I think you had best get the jacket back or pay the difference,besides you losing your job I think it could look like fraud.

  6. #5
    Igdos's Avatar
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    From an employment law point of view I don't think you've done anything wrong as such.

    The critical thing is whether you have been employed longer than one year - if you have then you have some degree of protection from dismissal.

    Before one year's service the power is all with the employer and the employee has few rights (apart from sex/race discrimination which I guess wouldn't apply in this case)

    So if the management start going down hard line route you know you've got cards to play with if you've been in over a year.

    No way it could be construed as gross misconduct.

    I would ensure you start getting statements from colleagues to back yourself up if the management sound like they are wanting to play hardball.

    Good luck!
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  7. #6
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    You bought it within the rules, and with good intention, I hope you don't get into trouble because of that.
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  8. #7
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    I would say the outcome more or less depends on you.
    If you are too soft with your defence and justification of what happened then they could decide to sack you, basically because the majority of retail managers are jobsworth drama hungry twits.
    But if you stand firm, make it obvious to them that you are no pushover and know your rights (have a read of a few employment law sites/forums), and don't argue or get all defensive with them, then I reckon you'll be just fine.

    As mentioned, it was bought within the rules of your discount, so it's impossible for you to control what happens after that.
    AND it's the other store that has incorrectly given out a receipt for the exchange which has given rise to the possibility of more money being refunded than was paid, so the fact he is also trying to hold you responsible for that aswell is a joke.

    Your manager sounds, as I said, like a bit of a drama hungry twit. It's all a bit of excitement for him I bet.

  9. #8
    jb0o's Avatar
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    Thanks for the varying response guys, exactly what I needed.

    I am confident that I have done nothing wrong, just very unfortunate circumstances leading to this situation. Hopefully it can be all sorted out by tomorrow.

    The unlucky thing is that I gave my brother the receipt, with my name on it, which he gave to that lad. When that lad took the jacket back in store to exchange, the employee looked at the receipt and refused as it was a staff purchase, and he must have remember my name from the receipt. The lad then went downstairs to ladies and then said he didn't have a receipt, to which the jacket was exchanged and he received a new receipt..

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  10. #9
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    Quote Originally Posted by jb0o View Post
    The unlucky thing is that I gave my brother the receipt, with my name on it, which he gave to that lad. When that lad took the jacket back in store to exchange, the employee looked at the receipt and refused as it was a staff purchase, and he must have remember my name from the receipt. The lad then went downstairs to ladies and then said he didn't have a receipt, to which the jacket was exchanged and he received a new receipt..
    Lol well the shop that exchanged it are probably just annoyed that they didn't stick to policy in exchanging it! And trying to take it out on you. Stand your ground mate.
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  11. #10
    jb0o's Avatar
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    Quote Originally Posted by quattrojames View Post
    Lol well the shop that exchanged it are probably just annoyed that they didn't stick to policy in exchanging it! And trying to take it out on you. Stand your ground mate.
    Thats what I think mate.

    I think the managers are obviously sticking together on this, knowing they have done wrong and are trying to get me to admit blame.

    I'll let you all know how tomorrow pans out, lol

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  12. #11
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    So, went into work on New Years Eve and had a word with the manager.

    I basically stood my ground and when he suggested that we speak to the regional manager about the whole situation I replied with,

    "I agree, I'm also sure that he would love to know about a fellow manager giving an exchange on a 110 garment without a receipt"..

    Then later in the day the assistant manager called me into the office, said my job wasn't on the line as what was done was out of my control and if anyone is to blame, its my brother, but since my brother isn't an employee, there is noone to blame but the other branch for their mix up.


    Thanks again for the advice, was quite anxious as to what the outcome would be!

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  13. #12
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    good news mate
    I wouldn't be too happy if my bro did the same to me.

  14. #13
    jb0o's Avatar
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    We've had a chat about it and he's apologised for causing any problems, he's a good lad and we havent fallen out over it.

    Just one of those things I guess..

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  15. #14
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    Glad it all worked out, strange how doing someone a favour can cause so much trouble isnt it.

    Anyway, Happy new year and keep your bro away from the shop for a bit,lol

  16. #15
    beanoir's Avatar
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    Quote Originally Posted by jb0o View Post
    So, went into work on New Years Eve and had a word with the manager.

    I basically stood my ground and when he suggested that we speak to the regional manager about the whole situation I replied with,

    "I agree, I'm also sure that he would love to know about a fellow manager giving an exchange on a 110 garment without a receipt"..

    Then later in the day the assistant manager called me into the office, said my job wasn't on the line as what was done was out of my control and if anyone is to blame, its my brother, but since my brother isn't an employee, there is noone to blame but the other branch for their mix up.


    Thanks again for the advice, was quite anxious as to what the outcome would be!

    Great news! Glad it worked out in the end.

    Happy new year!
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  17. #16
    quattrojames's Avatar
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    Nice one, glad its resolved
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  18. #17
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    Is your brothers girlfriends brother about to visit the dentist??Great result.
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  19. #18
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    Quote Originally Posted by aythreee View Post
    basically because the majority of retail managers are jobsworth drama hungry twits.
    Hahaha dam I should buy you a beer if ever we meet, you just summed up the four years of retail work I did in one sentence, except the last word would be a bit more stronger and probably start with a C.

    Glad the OP managed to get it all sorted...
    Last edited by unkle; 5th January 2010 at 00:26.
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  20. #19
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    Quote Originally Posted by unkle View Post
    the last word would be a bit more stronger and probably start with a C.
    I did consider it. Seriously consider it.

 

 

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