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Comment #4611600 by Patrick Hurley

Patrick Hurley Jan 2nd 2016, 10:23 AM #

Seems ridiculous to sack someone for something that is impossible to do when following standard operating procedure. Not allowed to carry money but sacked for not paying on the spot. Tesco was always on a loser here.

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Tesco ordered to pay former worker €41,000 after her dismissal for not paying for a fried breakfast

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    Favourite Liam Whelan
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    Jan 2nd 2016, 10:42 AM

    So its not feasible for an employee to go to their locker and get some cash from their wallet or purse when they are sent on break?

    95
    Favourite Free comment ratings
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    Jan 2nd 2016, 10:45 AM

    It’s not practical.

    455
    Favourite Ron Koeman
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    Jan 2nd 2016, 10:50 AM

    Liam you stick in the mud, life us not like that. Maybe when you get your first job your realise that. Sounds to me that Tesco were idiots here

    432
    Favourite Suzie Sunshine
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    Jan 2nd 2016, 11:07 AM

    Liam , that’s the usual procedure . you’re spot on there .

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    Favourite Dave Doyle
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    Jan 2nd 2016, 11:12 AM

    You work in Tesco’s do you Suzie? It always the same gov supporting shills that rush to judgement when workers get an award when unfairly dismissed.

    241
    Favourite Mjhint
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    Jan 2nd 2016, 11:18 AM

    Suzie please. Tesco were heavy handed here. There was no question of this person not paying. Tesco & someone in hr got their ass hànded to them & rightly so. I’m curious was there another agenda here to sat they went about it like this.

    273
    Favourite Suzie Sunshine
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    Jan 2nd 2016, 11:19 AM

    Dave , I’m no gov supporting shill , I have the knowledge in retail and she was wrong in this case . everything must be paid for upfront before consuming .. How would you be able to run a store if staff were eating what they want and paying later ?

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    Favourite Ron Koeman
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    Jan 2nd 2016, 11:22 AM

    Suzie, many people have knowledge of retail. I’m pretty sure that Tescos made a hames of this and the settlement was deserved .

    233
    Favourite Dave Doyle
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    Jan 2nd 2016, 11:27 AM

    Yes you are Suzie. Go and read the story. The management of organisations like Dunnes and Tesco’s treat their employees like dirt, no more than stepping stones for ambitious managers who want to make a reputation. How do you pay for something upfront if you’re not allowed carry any cash while working?
    Do you know just how hard it is for an ordinary worker to get any sort of a favourable judgement from the EAT?

    201
    Favourite Suzie Sunshine
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    Jan 2nd 2016, 11:27 AM

    Ron , if Tesco messed up on the disciplinary proceedings then fair enough , but she was in the wrong here and doesn’t deserve that money .

    23
    Favourite Suzie Sunshine
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    Jan 2nd 2016, 11:30 AM

    Dave , that’s the policies , which an employee sign in their hand rule book that you clock out on your break and then get your purse . you are not allowed to carry cash in the shop floor .

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    Favourite Eddie Byrne
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    Jan 2nd 2016, 11:35 AM

    Ive read the findings and could not see that procedure of clocking out and then paying. Unless im missing something. Ive seen numerous cases like this go against companies for been too quick to dismiss employees. 40 grand for a breakfast i though Brown Thomas were expensive.

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    Favourite Suzie Sunshine
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    Jan 2nd 2016, 11:38 AM

    Eddie , the only time you are meant to be eating is when you are on your break , which you have to clock out for .

    20
    Favourite Scott Hazel
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    Jan 2nd 2016, 11:40 AM

    Have you ever tried to find a manager in Tesco? Bad enough trying to find a member of staff!

    167
    Favourite Dave Doyle
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    Jan 2nd 2016, 11:42 AM

    Suzie, if that was the case then it’s you who should have chaired the EAT tribunal. You seem to know much better that they did.

    129
    Favourite Suzie Sunshine
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    Jan 2nd 2016, 11:46 AM

    Dave , I would say the problem here is to do with the disciplinary procedures that Tesco’s took . it obviously wasn’t water tight .

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    Favourite John Considine
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    Jan 2nd 2016, 11:56 AM

    Disciplinary procedures “not water tight”. Hush now Suzie, you shill, she was called into a disciplinary meeting where her job was on the line, with 15 minutes notice. My dog gets more notice than that for a vet visit. Where was her chance to consult with her Union rep? Perhaps, at least in any system with any kind of fairness at all, she’d get the same amount of time to prepare herself as the manager coming from another store. Was he just told about it at that start of his shift do you think?

    That abusive (and it is abusive) disciplinary process alone is worth the ~€40k. I have no opinion on any of the rest of it.

    171
    Favourite Paddythewatersprite
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    Jan 2nd 2016, 11:58 AM

    Suzie – standard and practices may have applied here, the previous manager allowed so it could be construed or interpreted to be part of the employment contract. Also, HR and management did Tescos an injustice for such a shoddy investigation. They were not fair to an employee who had an exemplary record with them. A contract cuts both ways, or at least it should.

    117
    Favourite Dave Doyle
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    Jan 2nd 2016, 12:18 PM

    Suzi, this isn’t the only place where this story is running. From what i read on other threads it would seem that it is standard practice for management to go after workers on older contracts or on the top rates of pay.
    That this woman was singled out in the manner she was, has all the hallmarks of such practices.

    145
    Favourite Suzie Sunshine
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    Jan 2nd 2016, 12:20 PM

    Dave that is possible too , it wasn’t just this woman though there was a few of them sacked so she wasn’t singled out .

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    Favourite dub1976
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    Jan 2nd 2016, 12:24 PM

    Lets be real here they shafted her and they were the ones who made a big deal of it and took it as far as they wanted to . How much time wasted etc.. All they had to do was pull her aside and tell her and move on

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    Favourite Ben Dunne
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    Jan 2nd 2016, 12:25 PM

    So if you have a fifteen minute break you are supposed to spend five or ten minutes of it going to your locker?daft!

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    Favourite Mary Murphy
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    Jan 2nd 2016, 12:31 PM

    @Susie Sunshine. Your knowledge is fairly limited. Tesco could surely bring in a prepaid ID card which staff could wear. Then they wouldn’t have to accuse anybody. Dear breakfast for Tesco

    98
    Favourite Suzie Sunshine
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    Jan 2nd 2016, 12:37 PM

    Mary Murphy , Tesco could do that and so could all retail stores but I am not aware of any of them having such a scheme . why is my knowledge fairly limited ?

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    Favourite Jason Ebbs
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    Jan 2nd 2016, 12:52 PM

    Anyone else red thumbing Suzie before even reading her comments :-))

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    Favourite anthony campion
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    Jan 2nd 2016, 12:53 PM

    Common sense went out the window, HR cock up

    63
    Favourite Suzie Sunshine
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    Jan 2nd 2016, 12:54 PM

    Jason , I’m sure most of them are …lol

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    Favourite Antonov Merinov
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    Jan 2nd 2016, 12:54 PM

    Having lived in asia for some time now and perusing the issues that emerge in europe I can’t help to say that they are trivial and sad.
    The poverty that exists in this part of the world would make this headline worthless and unimportant.

    11
    Favourite Derek Teeling
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    Jan 2nd 2016, 1:09 PM

    If it was custom and practice under previous management Tesco cocked up.

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    Favourite Tricia Golden
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    Jan 2nd 2016, 1:18 PM

    I worked in Asda for 5 years and we had prepaid cards there. Yes, that’s a UK (only) based company but so is Tesco. When your manager indicates that paying for food at the end of your shift is permitted you really don’t question it. The fact that other staff members AND obviously the people behind the counter were aware of this perceived system just goes to show it was thought to be accepted practice. Added to the fact that Tesco made no real attempt to then investigate the system shows they had no interest in following through. It would be interesting to know of any of the other staff were long term colleagues or if others who’d availed of later payment were excluded from Tesco’s cull.

    87
    Favourite nf
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    Jan 2nd 2016, 1:29 PM

    Well done Lisa let’s hope your perfect record previous to this helps wipe this off your employment history. And the compensation well deserved!

    48
    Favourite nf
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    Jan 2nd 2016, 1:32 PM

    Suzie, just to get a rough idea of democratic opinion, look at red v green thumbs on your comments.

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    Favourite meltyface
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    Jan 2nd 2016, 1:42 PM

    Ahh cheer up sunshine ;-)

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    Favourite David Beattie
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    Jan 2nd 2016, 1:42 PM

    You don’t clock out for paid breaks in retail. So she followed policy properly. And it is common practice to pay for food in canteen / cafe at a later stage because of the policy in place in these situations.

    47
    Favourite M Bowe
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    Jan 2nd 2016, 1:53 PM

    Question is was this lady on an older contract with regular hours and benefits, holiday pay, sickness days etc? If so what type of contract was offered to her replacement, if that a minimum he contract without benefits and lower wage then over the period from sacking to award TESCO have likely recouped the €40k. And continue with lower costs into future. So not much of a penalty for then in end up.

    59
    Favourite Suzie Sunshine
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    Jan 2nd 2016, 3:03 PM

    Nf , I have looked at the thumbs and it doesn’t bother at all . it’s funny how people think it’s ok to steal and not pay for food they consumed . but hey ho !

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    Favourite Suzie Sunshine
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    Jan 2nd 2016, 3:11 PM

    David , you do clock out for all breaks in the likes of Dunnes / tescos and other bigger retailers .

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    Favourite Conor Byrne
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    Jan 2nd 2016, 3:48 PM

    Why should the employees waste time on there break going to there locker because there employer doesn’t want them carrying cash. That is a ridiculous rule and tesco shot themselves in the foot.

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    Favourite Tricia Golden
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    Jan 2nd 2016, 4:10 PM

    No one Suzie, not a single person on here thinks this woman was stealing food. And your attempt to change the debate by suggesting it is rather poor behaviour on your part. The majority commenting here have made it clear that they agree with the findings of the tribunal and that Tesco erred in their process resulting in the employee’s dismissal. But please, you continue to bang away on your lonely little ineffectual drum. You’re entitled to your black and white opinion just as we’re entitled to a slightly more nuanced one.

    67
    Favourite Suzie Sunshine
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    Jan 2nd 2016, 4:16 PM

    Trish , not poor on my part at all , I’ve dealt with enough situations like this over the years so know that all is not what it seems . the majority on here believe she wasn’t stealing and that is fine . it doesn’t mean that I should not give my opinion just because I don’t agree with the ruling or what everyone else believes .

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    Favourite Notthatguy
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    Jan 2nd 2016, 4:19 PM

    Suzie, sunshine me arse, asteroid more appropriate. What happened was something you would expect to see in a 3rd world dictatorship… Uganda in the past springs to mind. I worked at Crazy prices years ago, and it was the same, many informal policies. Real crooks still stuck out, but for the rest of us, just doing the right things in life was good enough. What happened there was a witchhunt. She should have got double…. An exemplary record that cannot be used as a reference….. Glad to see Tescos struggling……

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    Favourite Tricia Golden
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    Jan 2nd 2016, 4:20 PM

    And actually Suzie I would only ever clock out for what we’re considered “long” breaks (an hour), the smaller 15 mins for example you didn’t clock out. And again, if they’re using the shop floor canteen instead of the staff canteen (located probably somewhere near the staff room) then going the whole way back (clocking on very near door to shop floor) to the staff room isn’t required ESPECIALLY when your manager has already given their blessing to paying at a later point. See, you’re ignoring all the additional details, deliberately, to make your point. A point made invalid when you include all the facts of the case.

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    Favourite Tricia Golden
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    Jan 2nd 2016, 4:22 PM

    Suzie, did you not see where I said you’re entitled to your opinion? Or are you again ignoring points to support your claims?

    25
    Favourite Liam Whelan
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    Jan 2nd 2016, 5:05 PM

    Ah here, firstly I’m working for more than half my life ya clown! Life is like that, as a customer in a restaurant I would expect to pay for my meal afterwards as the bill could be added to, might have a starter defo have a main might have a desert might have a second bottle of wine so it would be impossible to pay for what I’m gonna have after I order but in this case where you move along a line telling the person behind the counter to add things to my plate and end up at the till where people pay before going to their table to eat. If I walk away before paying for my food I’d be pulled up on it! There are many jobs where people are not allowed to carry cash while on duty and the people in those jobs manage to go to their locker to retrieve money to pay for the food they have ordered not eat first pay later! Can you explain “stick in the mud” for me please?

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    Favourite David Beattie
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    Jan 2nd 2016, 5:08 PM

    You don’t. I work in retail.

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    Favourite Mary Murphy
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    Jan 2nd 2016, 5:18 PM

    Exactly Susie, make inquiries before you comment. Marks and Spencer’s I believ have such a scheme. Also your break is paid for in the am so if you have to trek back to your locker you could waste six or seven minutes off your twenty minute break. Maybe your a racehorse and actually don’t mind bolting your food as well as bolting to your locker first to get money to pay for it but if you actually have something important to do on your break like ring a Dr for results of a test you won’t have much time if you have silly rules to follow first. So you see Susie your knowledge is LIMITED!!

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    Favourite Zandranalily
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    Jan 2nd 2016, 5:19 PM

    Suzie, she didn’t stesl and not pay. The staff arrangement were to pay later. Big difference.

    29
    Favourite Seán Ó Donnaile
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    Jan 2nd 2016, 6:06 PM

    Corporations like Tesco are by the very nature psychopathic. They meet all the requirements to be diagnosed a psychopath and this case just shows how petty they really can get. I won’t shop in tesco because I don’t agree with their unfair treatment of their staff, they work them to the bone for the little pay they get and they will not even communicate with the tesco workers union called mandate. They can do what they like and I love to see any worker getting one over on them fair play keep it up don’t let these corps win.

    15
    Favourite Suzie Sunshine
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    Jan 2nd 2016, 6:19 PM

    Mary , the policy is many stores is that you must clock out for all breaks whether it’s convenient or not

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    Favourite Suzie Sunshine
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    Jan 2nd 2016, 6:21 PM

    She never provided proof that she paid afterwards either , you are meant to get your receipts signed by your manager as proof of payment .it always covers you own back too by doing so .

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    Favourite Ronan McDermott
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    Jan 2nd 2016, 6:40 PM

    No it’s not feasible. That’s prob a 5 minute walk over & back with some goober supervisor clock watching for the 15 min break

    17
    Favourite Ronan McDermott
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    Jan 2nd 2016, 6:42 PM

    I’d say your gas craic at a party. Totally obvious that you’re institutionalised in some regard. Prob spent your whole working life in a factory counting down the hours till shift end and whining about your co workers behind their backs . Lol @ you

    17
    Favourite Ronan McDermott
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    Jan 2nd 2016, 6:44 PM

    Absolutely. They just wanted rid of her as she’s been there 10 years and on a decent wage. Tesco are always doing this kind of stuff. But this time they were “penny smart but pound stupid”. I’m loving this story.

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    Favourite Ben Dunne
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    Jan 2nd 2016, 7:11 PM

    Mary ,that would make far too much common sense and sadly as the saying goes common sense is not all that common.

    10
    Favourite Ben Dunne
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    Jan 2nd 2016, 7:22 PM

    You are calling the woman a thief after the fact she was vindicated through the courts!That’s not just an opinion but could be considered libelous.,remember this is a real woman’s life we are talking about here and not just a topic to make you feel morally superior to some one else.

    32
    Favourite Ben Dunne
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    Jan 2nd 2016, 7:24 PM

    That last comment was for Suzie sunshine

    15
    Favourite Chris Treacy
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    Jan 2nd 2016, 7:51 PM

    Suzie do you have a copy of tesco company policy

    12
    Favourite David Beattie
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    Jan 2nd 2016, 8:24 PM

    Under the Working Time Act 1997 (law) employees are entitled to a paid 15 min break if they work certain lengths of shifts. Policy is not law. So I reiterate my previous comment. You do not clock for this type of break.

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    Favourite Brian O'Byrne
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    Jan 2nd 2016, 9:07 PM

    They should have sand bags to prevent leakage lol

    1
    Favourite Suzie Sunshine
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    Jan 2nd 2016, 9:43 PM

    David , you do clock out for breaks , paid and unpaid , well in major stores you do and that is fact .

    5
    Favourite David Beattie
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    Jan 2nd 2016, 9:52 PM

    Not all major stores though (also fact) Tesco, Dunnes, among others don’t require clocking for paid breaks . That is my point. Gonna leave it at that.

    14
    Favourite Jho Harris
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    Jan 2nd 2016, 9:56 PM

    Many years ago I got into trouble because I did not have a receipt for a snack I had bought for my lunch to have in a Tesco canteen, the till roll ran out and would have taken up half my break time had I waited for one but the checkout girl said she’d save it for me and I was treated really badly by the assistant manager . I always made sure I had a receipt for my snacks from then but the assistant manager was livid with me because I never bought another snack in Tesco again and had receipts from the places I did buy them

    18
    Favourite Suzie Sunshine
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    Jan 2nd 2016, 10:10 PM

    David , with all due respect all management and staff in Dunnes anyway must clock in and out with all breaks , enjoy your evening .

    5
    Favourite David Beattie
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    Jan 2nd 2016, 10:16 PM

    Fair enough. You too.

    4
    Favourite Suzie Sunshine
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    Jan 2nd 2016, 10:24 PM

    Thanks Ronan , I have never worked in a factory but sure you lol @ me if you wish . no bother

    3
    Favourite Santa Claus
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    Jan 2nd 2016, 10:51 PM

    “…why is my knowledge fairly limited?” – Suzie Sunshine ~ Just lack of education and/or innately low IQ is my bet, anyone else like to help Suzie out with her question?

    14
    Favourite Suzie Sunshine
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    Jan 2nd 2016, 11:08 PM

    Good man Santa .

    2
    Favourite bingo
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    Jan 2nd 2016, 11:19 PM

    Suzie, If the previous management allowed it, it sets precedent and establishes culture. It is probably something that the previous manager did as well. They were extremely heavy-handed with this woman and the other people who were sacked. If a person can establish that they paid later, there is really no excuse for treating people in this way.

    12
    Favourite Notthatguy
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    Jan 2nd 2016, 11:20 PM

    Breaks are paid for, lunch you clock out for….. Where are you from?

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    Favourite Juan Venegas
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    Jan 2nd 2016, 11:20 PM

    Suzie, you might be right, maybe Tesco had it all well explained in the employee’s handbook, you have to take your food during breaks only which is the only time you have available to go to you locker and take money to pay on the spot for food. That may be right. But the reason why she won and why everyone here is outraged, including me is not for the rules. She knew exact;y what she was getting into when she accepted that job, of she didn’t like it she could have quit. BUT the thing is that the way Tesco handled the disciplinary procedures specially with a person with a clean record and several years in the company was terrible.

    Also, the outrage lies on the way companies like Tesco setup their rules.Just because is the rule doesn’t mean that people should fight for better treatment. Not everybody can be an Engineer or a Doctor. There will be people working on retail but that doesn’t mean that they have no dignity and respect. Sometimes Tesco is the only employer around hiring so you have no choice but to take that job, Tesco knows it and that’s why they can get away with it, so when you have no choice but to accept this job as it is or be unemployed I;m pretty sure that you would take that job if you have mouths to feed.

    I give you a very well known and worse example which I hope we don’t end up like that. In the US, Walmart is the biggest recipient of Social Welfare, Walmart is owned by the most powerful family in the world. All of the Walton bothers and sons are in the top 20 of the richest people in the world. Mom, dad, son 1, daughter 1, son 2, daugher 2, uncle, cousin 1 cousin 2, etc. They are way richer than bill gates as a household family.

    Walmart offers no benefits, no health insurance, no full time contract to most of their employees and they encourage them to get unemployment benefits as they work part time or not enough hours to make ends means. This is one of the reason why Walmart is so cheap. IN many towns, Walmart is the only choice you have to get a job. Work like a dog and be treated as a piece of shite or have no job.

    We’re slowly heading this way and cases like these brings awareness so we can push companies like Dunnes or Tesco to treat their employees with the respect they deserve, they have too much leverage and the’re too big to fail. That lady deserves her compensation for that reason.

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    Favourite Notthatguy
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    Jan 2nd 2016, 11:22 PM

    This is all about easily getting rid of someone who had done 10 years, would be expensive to lay her off….. Big business nasty tactics. The fact that Suzie terror supports this, says a lot about her too.

    22
    Favourite Santa Claus
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    Jan 3rd 2016, 12:03 AM

    Juan, I hope your fine eloquent comment is read by everyone who comes across it, these are low attention span forums and the longer comments tend to be ignored. It’s the most informative and insightful one I have read here by miles.

    15
    Favourite Santa Claus
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    Jan 3rd 2016, 12:05 AM

    I’m not really Santa Suzie.

    9
    Favourite Notthatguy
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    Jan 3rd 2016, 12:20 AM

    Tesco’s are essentially the Walmart of Uk, Ireland….. I left Crazy Prices just before the buy out, along with many others.

    12
    Favourite Suzie Sunshine
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    Jan 3rd 2016, 1:46 AM

    Juan , I did comment earlier regarding the way Tesco handled their disciplinary procedures , having said that I read all of your comment and found it to be very informative and well said , thanks .

    3
    Favourite Suzie Sunshine
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    Jan 3rd 2016, 1:49 AM

    Notthatguy , that’s not what I said at all .

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    Favourite Damien Cahill
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    Jan 5th 2016, 10:11 AM

    Actually employers are required to keep a record to prove staff got breaks…. Hence clocking…. How’s your armchair ?

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    Favourite Suzie Sunshine
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    Jan 5th 2016, 3:05 PM

    Damien , thank you ! You are so correct !

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