Tesco Employee confidentiality??

[bluebottle]

Re: Tesco Employee confidentiality??

Hi Dotty Jo,

What Teaboy says in his post is spot-on. Tesco is in serious do-do. What you have revealed, i.e. they are trying to cut hours and have dismissed other employees for petty transgressions, isn't going to wash with any court or tribunal. In fact, it's going to make matters a lot worse for Tesco. I also agree with Leclerc in what they say about Tesco's actions and reaction. As my signature says, I am a retired policeman and keep my legal knowledge up to date and I can tell you for a fact, you cannot accuse somebody of something as serious of fraud without substansive evidence to support it.

Your mum is entitled to see the camera footage. However, by the management of the store failing to comply with their obligations under the Data Protection Act 1998, they are in breach of their implied duty of trust and confidence to your mum and her statutory right to expect her personal details and affairs to remain confidential, as well as risking a £500K fine from the ICO.

Expanding on Teaboy's post, your mum could pursue court proceedings against Tesco under the Protection from Harassment Act 1997, which carries unlimited civil liability and the onus would be on Tesco to show their behaviour was reasonable in the circumstances and does not amount to harassment, which is very difficult as the law tips the scales in the Plaintiff's favour.

[jane1108]

Re: Tesco Employee confidentiality??

I have some knowledge of employment law as I employed carers for many years.

What I do know to give a "bad reference" like this is a complete no no when nothing had been proven and at that point she had not resigned. One can decline to give a reference, that is an entirely different thing.

She has ineffect now been constructively dismissed by Tesco's because they did this. (She might have been applying for another job - regardless of the loyality card incident! for all they were to know!). Depsite withdrawing her notice, it will be very difficult for her to return to work under the circumstances. Even if the disciplinary hearing finds her innocent.

Regarding the other employee who was sacked (she/he) also have the right to appeal this decision, following a disciplinary have they done this do you know?

It clearly was a geninue mistake, neither employee had anything to gain financially by using the wrong loyality card or any intention to permanently deprive almighty Tesco's of anything.

It sounds very much like they are just ignoring Employment Law so let's hope your Mum's Home Insurance Cover ...covers Employment Tribunals definiately check that straight away as previously suggested.

It must be very upsetting for her having worked there for so long and it's her local store etc. and within the community your poor Mum.
------------------------------- merged -------------------------------
My post crossed with Bluebottles btw but definiately follow up what he says as well.

[Shadowcat]

Re: Tesco Employee confidentiality??

'About to employ an untrustworthy person who was under investigation'. Hoisted by their own petard, how do these idiots get to management?

Do the new company record calls by any chance?

[bluebottle]

Re: Tesco Employee confidentiality??

'About to employ an untrustworthy person who was under investigation'. Hoisted by their own petard, how do these idiots get to management?

Do the new company record calls by any chance?

Tesco management seem to have a corporate policy of lying to customers because they think customers will believe anything they say. They have found out, on more than one occasion, that I am not that easily fooled. I won't call them muppets because a muppet has more intelligence than Tesco's management put together!

[Mrs James]

Re: Tesco Employee confidentiality??

Yes they do have her on camera using the card with the receipt of the purchase but no proof she done it intentionally.

If there are camera's on every till, has your Mum asked if there is footage of the other employee leaving her Privilege card on your Mum's till and your Mum picking it up?

Your Mum used the other employee's card by mistake after her leaving it on your Mum's till, so if your Mum can prove this happened, it can only help her prove her innocence.

[enquirer]

Re: Tesco Employee confidentiality??

I was under the impression that an employer may dismiss for mere suspicion - there is no requirement for 'beyond reasonable doubt'.

[strangewayofsavin]

Re: Tesco Employee confidentiality??

like many facts of life, once bitten and all that,
Tesco are just like news international (I have past experience) they will threaten and BS you, they will tell you you are so wrong it is going to cost big time.
Hold your nerve, take the approprite action , and they WILL SETTLE OUT OF COURT.
I have a freind who worked for Tesco in their Bradley Stoke (Bristol) Superstore, but in the petrol station, as a supervisor she complained because they had no stock room and the overflow stock was put into the corridors out the back of the store, she filled in the appropriate safety hazzard forms, only to be ignored. Whilst working she went through this corridor/stock room, tripped on a box, fell and broke her arm. With a Doctors note was put on the club, Tesco refused to pay sick pay and informed her she needed to apply to the Social for SSP, she thought this was wrong and got one of these claim companies involved, Tesco settled out of court, and then sacked her, she then went through ACAS, and got all sorts of threatening letters from tesco's legal team, about court cost's and how she was in the wrong, ACAS granted the hearing Tesco settled out of court, and gave her, her Job back, she is still working for Tesco's in the garage some £14,000 better off, I say they got off cheaply.

[bluebottle]

Re: Tesco Employee confidentiality??

I was under the impression that an employer may dismiss for mere suspicion - there is no requirement for 'beyond reasonable doubt'.

Not unless the employer wants to risk very expensive litigation and loss of reputation. Mere suspicion is not enough. The only "concession" an employer has is that proof is on balance of probability, the onus applicable under Civil Law. Even then, any evidence must support the allegation(s) being made. Hurling around allegations without any real evidence is not best practice, nor is it going to be acceptable to an ET or a court.

[bluebottle]

Re: Tesco Employee confidentiality??

like many facts of life, once bitten and all that,
Tesco are just like news international (I have past experience) they will threaten and BS you, they will tell you you are so wrong it is going to cost big time.
Hold your nerve, take the approprite action , and they WILL SETTLE OUT OF COURT.
I have a freind who worked for Tesco in their Bradley Stoke (Bristol) Superstore, but in the petrol station, as a supervisor she complained because they had no stock room and the overflow stock was put into the corridors out the back of the store, she filled in the appropriate safety hazzard forms, only to be ignored. Whilst working she went through this corridor/stock room, tripped on a box, fell and broke her arm. With a Doctors note was put on the club, Tesco refused to pay sick pay and informed her she needed to apply to the Social for SSP, she thought this was wrong and got one of these claim companies involved, Tesco settled out of court, and then sacked her, she then went through ACAS, and got all sorts of threatening letters from tesco's legal team, about court cost's and how she was in the wrong, ACAS granted the hearing Tesco settled out of court, and gave her, her Job back, she is still working for Tesco's in the garage some £14,000 better off, I say they got off cheaply.

Which bears out my experience of Tesco having a corporate policy of lying. It's not a good idea for an employer to behave like Tesco did in your friend's case, as the outcome your friend achieved just goes to prove that the truth will out every time and every employer who thinks they can get away with it is going to come off badly as a result.

[jane1108]

Re: Tesco Employee confidentiality??

One point in reponse to Enquirer's post if someone has worked for you for less than a year, the situation is slightly different as you can just say they didn't meet the requirements of the job, but it still would not give an employer the right to give a bad reference without proof etc.

[bluebottle]

Re: Tesco Employee confidentiality??

One point in reponse to Enquirer's post if someone has worked for you for less than a year, the situation is slightly different as you can just say they didn't meet the requirements of the job, but it still would not give an employer the right to give a bad reference without proof etc.

The employer still has to exercise care in what they say about a former employee, regardless of how long that person worked for them. No employer has a "you can't take me to court/an employment tribunal" card.