Buzzing About HR
Buzzing About HR by https://www.kateunderwoodhr.co.uk is the go-to podcast for anyone looking to make their workplace better. Hosted by HR expert Kate Underwood, each episode dives into the latest HR trends, essential tools, and practical strategies to help businesses of all sizes navigate the ever-evolving world of work. From improving employee engagement to tackling real-world HR challenges, Kate shares actionable advice you can implement right away. Whether you're an HR professional, a business owner, or someone passionate about people, this podcast will keep you ahead of the curve and buzzing with ideas to drive success in your workplace.
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How One Appeal Mistake Cost a Pub More Than Halloumi Fries
A shift manager with a clean record was unfairly dismissed for giving a colleague a 50% staff discount for takeaway food instead of the policy-compliant 20%. The tribunal ruled that the appeal process failed to consider proportionality, treating negligence as deliberate dishonesty and ignoring the employee's long service.
• Long-serving shift manager allowed 50% discount on takeaway food when policy only permitted 20%
• Business dismissed for gross misconduct after CCTV and till logs confirmed the breach
• Tribunal found dismissal unfair due to proportionality issues
• Appeal stage failed as a safety net by not reconsidering facts and sanctions
• Five key failures: poor appeal process, blurring intent vs negligence, thin documentation, lack of consistency evidence, unclear policy understanding
• Small business playbook: make policies crystal clear with examples, follow fair ACAS processes, check proportionality, maintain thorough evidence, use proper manager prompts
• Consider using an independent appeal chair when no uninvolved senior manager is available
• Template provided for effective staff discount and free meal policy
If you need an independent appeal chair or a quick check of your policy and letters, get in touch with Kate Underwood HR and Training. We'll keep your cases fair, defensible and unfried.
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Warm upbeat. Hello you lovely lot. This is Buzzing About HR Tribunal Tales edition, where we take a real case, strip out the legal waffle and hand small business owners the do this, not that. Grab a cuppa. We've got a pub, a staff discount button and some very expensive halloumi fries, plus a big lesson on getting the appeal stage right. Part one the facts. What actually happened? Here's the scene A long-serving shift manager with a clean record, a colleague at the end of a shift.
Speaker 1:A clear policy 50% on shift manager with a clean record. A colleague at the end of a shift. A clear policy 50% on shift eat-in, only 20% for off shift or takeaway. And, yes, till logs and CCTV watching everything. The moment Near closing, the manager rings a 50% staff discount. It's for a small feast. The colleague takes it home. The system flags it, cctv confirms it.
Speaker 1:Hr investigates the business, calls it gross misconduct. They dismiss. An internal appeal upholds the dismissal and off to tribunal. We go, reality check. Many owners will think we'd probably do the same. Hold that thought.
Speaker 1:Part two the findings. What the tribunal decided? The tribunal finds the dismissal unfair, not because rules were missing, not because there wasn't an investigation. The problem was proportionality. At the appeal, the judge sees negligence, not deliberate dishonesty. Long service, clean record, single incident. Summary dismissal sits outside the range of reasonable responses. The appeal should be a fresh look at facts and sanction. It should seriously consider a warning or other alternatives, not a rubber stamp, plain English legal lens. Tribunals don't ask what would I do. They ask could a reasonable employer dismiss in these circumstances? If your answer is harsher than most, you're in trouble.
Speaker 1:Part three what went wrong? The teachable bits? Number one appeal equals missed safety net. It repeated the first decision. It didn't reweigh the mitigation. Number two intent versus negligence got blurred. Policy and letters didn't clearly separate mistake from rip-off. Number three thin documentation. If it isn't written down, it didn't happen. Number four consistency wasn't evidenced. If others got warnings, warnings explain why this one is different or be consistent. Number five policy understanding. Rules existed, but were they crystal to frontline staff? Examples beat pdfs every day. Light tone. If your appeal note reads considered everything upheld, congrats, you've written the world's shortest tribunal exhibit and possibly funded someone's holiday.
Speaker 1:Part four avoid it your small biz playbook. A make the policy idiot. Proof spell out who gets the perk, when and how. Be explicit on eat-in versus takeaway, set limits and who authorizes unusual sales no, no login or key, sharing Every sale on the person's own ID. Use real examples Burger on your break equals OK. Four mains at 50% to take home equals not OK. B Follow a fair process, acas style Investigate properly, till logs, cctv, witness notes.
Speaker 1:Invite properly plain English allegations, evidence in advance, right to a companion. Decide with a sanction matrix, adjust for intent, service record, appeal like it matters. New person, if possible Fresh. Look at decision and sanction and write down your reasoning. C Proportionality, quick check. Say this in the outcome Was the rule clear and recently briefed?
Speaker 1:Is this first incident or a pattern? Negligence or dishonesty? Length of service and disciplinary record Consistency with similar cases. Would a final written warning plus training, protect standards? If not, say why not? D Evidence you'll thank yourself for Policy and update memos yourself for Policy and update memos. Signed induction slash, briefing records, till logs, screenshots, CCTV stills, interview notes who said what when?
Speaker 1:Comparator outcomes anonymised appeal notes showing the balancing exercise. E manager prompts Great for training. Talk me through what you believe the rule allowed. Where did you see that exception? Has anyone told you this was okay before? Note you're testing intent, clarity and consistency, not auditioning for line of duty.
Speaker 1:Bonus need an independent appeal chair. You don't have a spare manager to hear the appeal, no one senior who's uninvolved. You could always ask an HR consultant to hear the appeal for you Impartial, experienced, proper paperwork, end to end, and if you don't know one, I might know someone. Smile. How it works simple steps scoping call, conflict check. Share the appeal pack. Securely hold the appeal meeting in person or remote. Balanced decision letter with proportionality. Explained. Optional manager feedback and policy tweak recommendations. External chair checklist. Clear terms of reference. Access to all evidence used at the first hearing. Space for new mitigation or evidence. Confidentiality and data protection observed. Decision based on facts, consistency and reasonable responses.
Speaker 1:6. Template of the week One-page staff discounts and free meal policy Purpose Clear and fair rules for staff perks. Prevent misuse. Protect trust. Who. It applies to All employees, including temps and casuals. Discount levels On shift Eat-in only 50% off designated items. Order and eat on site during your break Off, shift or takeaway 20% off designated items. Free on shift meal if offered One standard item per shift Eat-in only. Non-transferable rules in only non-transferable rules no alcohol discounts unless expressly authorised. No login slash key sharing. Use your own ID every time. All items rung through before consumption. Unusual quantities need manager approval. No combining discounts and free meals on the same items. Examples TV may be reviewed.
Speaker 1:Breach and indicative sanctions Error, misunderstanding, first time Training plus written warning. Repeat error, ignoring process. Final written warning Deliberate misuse, concealment, dismissal may be considered after a full investigation and proportionality check. Training and comms covered at induction brief annual refresher with a mini quiz and at the end of every good tale, they live happily ever after. Well, almost Today's takeaway. Pun intended, your appeal isn't admin, it's your last firewall. Be crystal clear on perks. Run a fair process and write down your proportionality thinking. If you need an independent appeal chair or a quick check of your policy and letters, get in touch with Kate Underwood, hr and Training. We'll keep your cases fair, defensible and unfried.
