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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