Disciplinary Matter?
Author
Discussion

wendyg

Original Poster:

2,071 posts

271 months

Monday 7th March 2011
quotequote all
Brief scenario (I'm neither the employer, staff member or client)
Member of staff has told a client of the business that she is leaving work. Client buys a small gift and gives it to the member of staff as a leaving present. Member of staff accept the gift, in front of collegues and other clients, then tells client that she was joking and was never really leaving. Member of staff does not offer to return the gift, and the other staff members laugh at the situation. Client is angry that they have been lied to and feels humiliated, and plans to complain. Even though the value of the gift is fairly small, is this staff member in trouble?

dundarach

6,165 posts

256 months

Monday 7th March 2011
quotequote all
I do hope so......

I would encourage maximum trouble with a double dose of sacking post haste....

Countdown

48,884 posts

224 months

Monday 7th March 2011
quotequote all
Sounds like the client had a "soft spot" for employee.

She was out of order for keeping the gift and should have returned it (IMHO)

I think Worst case scenario would be an verbal warning and an instruction to apologise & return the gift.

FraserLFA

5,083 posts

202 months

Monday 7th March 2011
quotequote all
I'd be pretty pissed too!

That'll damage business, unless a good relationship was already in place.

Sack her.

fergywales

1,624 posts

222 months

Monday 7th March 2011
quotequote all
FraserLFA said:
I'd be pretty pissed too!

That'll damage business, unless a good relationship was already in place.

Sack her.
Sack her for what exactly?

Verbal chat, give the gift back, end of. Push it any further and the discipline is becoming more of an issue than the original issue itself.

wendyg

Original Poster:

2,071 posts

271 months

Monday 7th March 2011
quotequote all
Really, dismissal? What would be the legal grounds.

Johnnytheboy

24,499 posts

214 months

Monday 7th March 2011
quotequote all
Bringing the company into disrepute/damaging the company's relations with clients/you name it.

fergywales

1,624 posts

222 months

Monday 7th March 2011
quotequote all
Johnnytheboy said:
Bringing the company into disrepute/damaging the company's relations with clients/you name it.
And you would, based on the scenario given by the OP, stand up at an ET acting for the employer and claim any or all of your suggestions?

Only if the employer had instructed you on a large fixed fee regardless of outcome.

fergywales

1,624 posts

222 months

Monday 7th March 2011
quotequote all
Johnnytheboy said:
Bringing the company into disrepute/damaging the company's relations with clients/you name it.
And you would, based on the scenario given by the OP, stand up at an ET acting for the employer and claim any or all of your suggestions?

Only if the employer had instructed you on a large fixed fee regardless of outcome.

Johnnytheboy

24,499 posts

214 months

Monday 7th March 2011
quotequote all
Depends what it said in the company's T&Cs, especially what was regarded as gross misconduct.

I'm fairly sure if I lied to one of our clients, I'd be out.

edc

9,574 posts

279 months

Monday 7th March 2011
quotequote all
If they really wanted to they could dismiss for some other substantial reason citing the client effectively does not want said person on site.

don4l

10,058 posts

204 months

Monday 7th March 2011
quotequote all
wendyg said:
Really, dismissal? What would be the legal grounds.
Gross misconduct. It looks very simple.

If people cannot see that pissing off a client is wrong, then I despair.

Do you think that it is reasonable to upset a client?


Don
--

hondafanatic

4,969 posts

229 months

Monday 7th March 2011
quotequote all
Why? Just...why?

Johnnytheboy

24,499 posts

214 months

Monday 7th March 2011
quotequote all
That had occurred to me.

deevlash

10,442 posts

265 months

Monday 7th March 2011
quotequote all
obtaining goods by deception?

FraserLFA

5,083 posts

202 months

Monday 7th March 2011
quotequote all
wendyg said:
Brief scenario
From what you've described, I'd argue Gross Misconduct. She's not conducted herself in a professional manner, made the company look bad, potentially lost a client (No idea of clients value to the business, but could potentially be big) etc.

fergywales

1,624 posts

222 months

Monday 7th March 2011
quotequote all
Please, can one of the 'sack them' brigade outline the specifics of the gross misconduct for which you seem to only be able to fathom? The employer, as a company, is not being brought into disrepute (the employee claimed to be leaving the company, the client gave a gift presumably to the employee for services rendered). Granted, the action may make the company appear in a bad light, but no more so than other staff laughing about the action.

The OPs account does not go into the specifics of why the employee even made the claim, yet you are all being judge, jury and executioner. Or, as I prefer to call them in this instance, failed employment tribunal defendants!

Are you advocating the sacking of all the other members of staff for having a laugh about the situation also? Surely this pissed the client of also (if not more, being ridiculed by many is worse than by few)?

Mattt

16,664 posts

246 months

Monday 7th March 2011
quotequote all
I'm gobsmacked that some PHers don't seem to feel this is completely and utterly unacceptable.

If I did similar, I'd expect to be escorted out within the day.

If they gave the gift back, perhaps you'd have to give them a written warning - but to keep it, no chance.

fergywales

1,624 posts

222 months

Monday 7th March 2011
quotequote all
furious

Why can people not see the difference between something being unacceptable and something being grounds for dismissal?

FraserLFA

5,083 posts

202 months

Monday 7th March 2011
quotequote all
fergywales said:
Or, as I prefer to call them in this instance, failed employment tribunal defendants!