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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Musa v. J Sainsbury Plc [2000] UKEAT 238_00_2305 (23 May 2000) URL: http://www.bailii.org/uk/cases/UKEAT/2000/238_00_2305.html Cite as: [2000] UKEAT 238__2305, [2000] UKEAT 238_00_2305 |
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At the Tribunal | |
Before
HIS HONOUR JUDGE H WILSON
LORD GLADWIN OF CLEE CBE JP
MR B M WARMAN
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
PRELIMINARY HEARING
Revised
For the Appellant | MR C AGWU (Solicitor) Solicitors Direct 124 Kingsland High Street Dalston London E8 2NS |
JUDGE WILSON:
"The Applicant by her signature to it on 10 August 1992 confirmed that she had read and understood and it asked her to refer to the employee hand book for guidance on the Sainsbury's complaints procedure and its disciplinary rules"
"Any misuse or breach of those schemes for personal gain will make the perpetrators liable to summary dismissal. This applies whether the misuse or breach is either for personal gain or that of a colleague, relative, friend or customer. If a customer offers you his or her customer loyalty card benefits such as points or vouchers, you must politely refuse."
Mr Agwu contends that the reward scheme by that name was not in existence at the date of that handbook but concedes that at that date there was a customer loyalty scheme in existence, which was the forerunner. It seems to us that there is no merit in the first ground of appeal.
"Further investigations were carried out after the first hearing because at the first hearing the Applicant although she would not name any names alleged that other check out cashier employees were doing the same thing. That is transferring reward points from customer's purchases to their own personal reward cards. Mr Poole's investigations did not reveal any other Sainsbury's employee indulging in that practice, apart from the Applicant. As stated in evidence Sainsbury's employees are allowed to have reward cards in relation to their purchases and therefore their reward card transactions are bound to show reward points, relating to purchases. The issue was not whether they transferred points onto their reward cards: the issue was whether they had transferred any points from customers' purchases onto their reward cards. As the Applicant was understandably not prepared to name any names, Sainsbury's could not take the investigation any further. The evidence was that local branches did not carry out any random monitoring of their employees' reward cards. What triggered the investigation into the Applicant's reward card was the print out (which was before the Tribunal), which brought the unusually high level of transactions in relation to the Applicant's reward card to the attention of the Respondents security staff. There was no evidence to suggest that Sainsbury's would not have conducted an investigation into the reward card transactions of any other employee in similar circumstances."