York Two separate long serving employees, Smith and Egan, with 17 and 29 years’ service respectively, used physical force to attempt to stop shoplifters making off with products – and were dismissed as a result.
The common theme in both incidents is a feeling of loyalty towards their places of work combined with the degrading feeling of seeing nothing done about the issue for years on end.
It seems so unfair to punish what appears to be a brave and loyal employee.
But as ever, there is more to the headlines.
Neither Smith, nor Egan faced any criminal proceedings for their actions; dismissal was instead based on the fact their actions breached their employers’ internal policies. This was most clearly signalled in Egan’s case where he was informed he had breached the ‘deter-and-not-detain policy’ the company operates under. A similar inference can be drawn in Walker’s case from Waitrose’s statement that ‘nothing we sell is worth risking lives for.’ This is a very important point. The majority of high-street shops have policies in place to protect their employees, and mitigate any potential liability.
Shoplifting has risen by 133 percent over the past five years. While it may appear the losses from theft are significant, the potential liability over force used to apprehend a shoplifter, or injury to one of their workers, is far greater. This is why the policies are so strict and led to dismissal.
Whilst the reasons for dismissal are clear, businesses should ask themselves how they can avoid their employees getting into this situation. It is necessary to ensure policies are clear and understandable. Training should also be issued to ensure staff have a clear understanding of their responsibilities and duties.
The duty of the employer to protect their employees in the workplace far outweighs any personal feeling of an obligation, of a lone employee, to tackle a criminal.
If you are facing a similar situation or need advice on disciplinary action or workplace policies, please contact our Employment Team for specialist guidance on York 01904 716000, Wetherby 01937 583210 or Malton 01653 692247 or email law@warekay.co.uk.
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