Retail giant IKEA has been ordered to pay an employee who was sacked for stealing a milkshake that cost 97p over £23,000 in compensation.
What error did IKEA make?
A pricey milkshake
Employee (F) had been employed at IKEA’s Ballymun branch in Dublin since 2009 and primarily worked in its restaurant area. In 2014 he was seen drinking a milkshake that would have ordinarily been sold for the equivalent of 97p. F was not seen paying for the milkshake. As a result, F was suspended and later made subject to disciplinary action. He was accused of stealing a 97p milkshake which bosses at IKEA considered to be gross misconduct.
No appeal
F didn’t turn up to either the investigatory meeting or the disciplinary hearing but they weren’t missed on purpose – he was actually on pre-booked annual leave and away in France meaning that he didn’t receive the relevant notifications. IKEA reached a decision in F’s absence and he was sacked for gross misconduct. F didn’t appeal against this decision internally because, as he explained to the tribunal, he now had “no faith in the company’s internal process” Instead he commenced legal action for unfair dismissal.
His side of the story
In giving his evidence F argued that he had taken the milkshake but was adamant that it was no more than a genuine and honest mistake. He also stated that, on a different occasion, he had personally witnessed a group of fellow employees consuming beverages after their shifts finished and had not paid for them. So he wasn’t the only one; he had just been singled out for disciplinary action by IKEA.
Tribunal’s decision
The tribunal concluded that, in all the circumstances, the employer could not justify the dismissal and awarded F £30,000 (roughly £23,000) in compensation. Clearly, this employer made a number of errors but the biggest was arranging an investigatory meeting and disciplinary hearing at times where the employee was unavailable through no fault of his own.
So, let this be a warning for you, check for pre-booked annual leave dates for all relevant parties when arranging times and dates for investigatory meetings and disciplinary hearings. It could prevent a costly mistake. Should an employee take something without paying for it, don’t jump to conclusions. Ask them what their motives were before making any judgement call. Arguably, had F been given the opportunity he would have paid for his milkshake when challenged. Most honest people would and genuine mistakes do happen. Also, don’t single employees out for disciplinary action. As there was a culture of taking “free” drinks, IKEA should have dealt with F first and then advised all staff that this was not permitted.
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