Retail Loss Prevention?! WTF!?

Question

Heres the problem, I'm 17 and had a part-time job for 11 months in Boots the Chemist until I was dismissed at the start of July. I was dismissed because I sold 2 cameras at the wrong price by using a code I wasn't allowed to use (I wasn't aware I was not allowed to use this code as was never properly till trained and had to pick most things up myself)

I thought these cameras were reduced and sold them for a cheaper price to 2 different customers losing the company £200. I did not do this delibrately it was a genuine mistake and Boots knew this as they checked the customers address to see if I knew them but they dismissed me on grounds of breaking their security rules and losing the company £200 which I totally understand and do not object to them dissmissing me. I was told at my dismissal that Boots would deduct all the holiday pay owed to me (which was about £200 anyway) and that I should expect to hear from retail loss prevention (RLP).

On 8th August I received a letter from these people (RLP) which basically says the following -

Your conduct has caused our client (Boots) to incur considerable costs in investigating and mitigating your wrongful actions. It has been necessary for our client to incur these costs in discharge of the duty to take all reasonable steps to prevent wrongful acts on company premises.

Further, your actions mean that you have breached the duties every employee owes to their employer, these duties include duties of good faith, loyalty and honesty. << This is making me out to be a theif, I DID NOT STEAL! and don't know how I breached these duties?!

The loss and damage suffered by our client is as follows:

1. The value of the goods or cash stolen, if not recovered or unfit for resale, or value of the service not paid for - £200

2. Staff and management time spent in investigating and dealing with your wrongful actions - £216.67

3. Administration costs resulting from your wrongful actions - £60.20

4. Apportioned security and surveillance costs resulting from your wrongful actions - £400.00

Total = £876.87

They then basically go on to say that I can pay the full amount within 21 days or I can pay in installments in which administration costs for their company will be added.

Sorry this is so long but I really need some help I don't know what to do there is no way I or my family could afford this and I think it is ridiculous they are making me pay this amount for an error I made I didn't do anything wrong intentionally My mum wants me to go to a solicitor to try and get this sorted..

Do you think I would have a good case?

Points to consider - I did not steal, only made a mistake

I am only 17

This is a ridiculous amount of money I am being asked to pay!!!!!

Answer 1

This is a civil matter and not related to any criminal offence as far as I can see.  Your best action would be to seek legal advice as it appears that they have dismissed you and now expect to bill you for an internal investigation    ???!!!???   I agree with your exclamation!

I would suggest contacting a solicitor as soon as possible.

I would also suggest asking this question in the law and ethics section as this is often viewed by civil law solicitors.

Good luck

Answer 2

As a former Retail Loss Prevention Specialist (in house) in the USA, I see where they are coming from.  

However, I&#039;m not sure how things work in the UK, but in the USA even I would laugh at that letter.  They can try to get you to pay, but without a court order, they have no teeth.

I suggest you obtain legal counsel and fight it.

Answer 3

Get your self to the citizens advice centre or a solicitor, some have 1/2 hr free consultations.

I wouldn&#039;t pay as if what you are saying is correct then they have not trained you properly.

Answer 4

The thing to remember is the store did not &quot;lose&quot; £200.  They would have lost an amount of profit but their markup is such that they would have made something from the sale albeit not the usual amount.

Incidentally, if they were to mention any of this in a future reference you may have a case for defamation, etc

Answer 5

I am truly sorry you have to go through all of this.  I think you have a  very good case. You must try to have all of these ridiculous charges against you dismissed. Everyone is allowed to make a mistake! Don&#039;t give up!

Answer 6

I would have to hear their side of the story... something smells fishy.  

Answer 7

Go to a  solicitor or the CAB if you can’t afford lawyers.Get them to write disputing liability for this. The RLP is being heavy handed but in principle they have a point : employees have various legal responsibilities to their employers. You acknowledge this but if there is no dishonesty they only have a ‘case’ if you were negligent. It is common in retail for employees to be held responsible for till shortages or stock deficiencies. Your situation is a variation on that theme.

On the other hand employers owe a duty to properly till train staff even part time 17 year olds with at most 11 months service. Ask them to prove they trained you properly re till codes etc. and product pricing procedures Boots should have training records for all staff. Were you supervised properly ? Was there anything in the way the goods were labelled to prompted you to use the wrong code ?

Also what efforts have been made to mitigate their “loss” by recovering  the goods or the shortfall in the price from the customers whose identities presumably are known. Not sure if this is legally possible but “all’s fair in love and war.”You could at least make the point. Finally the sums they have claimed - even if you are liable – seem excessive : 1) are you sure that they were entitled to deduct holiday pay under your contract ? Didn’t that cover the basic “loss” on the cameras  2) the costs for investigating and security etc. are internal overheads and not extra “losses”. Cannot guarantee I am totally correct but I would not give up without a fight.

Answer 8

a very heavy handed and  possibly illegal action on their part. If we all got teh sack for making  a genuine mistake nobody would be employed.

  I for one would vivit a soilicitor immediately.  Also think about going to the press and  asking your MP for advise  in dealing with this company. If it were say my wife  I would be kicking up a stink  for getting sacked over a genuine mistake, being asked to repay the cost ( loss) to the compnay may? be legal but as it&#039;s not a large amount and training  was lacking  I think you have a case for seeking redress.

  I think they have taken advantage of oyur youth and have simply passed it on to another organisation with the excuse &#039;thye&#039; have to investigate and you are being asked to pay teh companies operating costs! simply unfair and I also suspect illegal too. oyu really do need to get legal advise here. ask if you can have an appointment with the local citizens advise burea ( lok at library and in phone book for info) and  failing that see a solicitor ask about cost of their services ( normally a fixed fee for  first hour - i Think! £60 but don&#039;t take that as gospel) good luck and DO complain. loudly and publicly. sure oyu made a mistake, we all make  them but for a large copmpany that is overkill and  improper treatment  of its staff. check out the charges made against you. I for one cannot see if what you say is correct how they are not in the wrong here. Personally I would think they owed me a duty of care to an emplyee and give proper training. It would seem they should in fact be paying you compnesation!

Answer 9

I don&#039;t see how they can make you pay this as they haven&#039;t taken you to Court. See a solicitor. The only problem will be is that they will pass this information to any future employer. What I can&#039;t understand is why you didn&#039;t scan the bar code through the till.

Answer 10

As Spartan says, it&#039;s absolute b ollocks, they have no authority to render this claim, you have not had a court judgement made against you.  Pure try-on. Go and see the CAB or a solicitor to hear it face-to-face.

Answer 11

There talking out their @rse. They have taken no legal action, you have not been to court so they can not make you pay this. Go see a brief now or talk to CAB. I have never heard of anything like this EVER. I was a retail security manager for 10 years for some of the biggest company&#039;s in the U.K and this type of thing was never done. Have no further contact with them, tell them you are seeking legal advice and all further correspondence will be through your brief. They are trying it on dont let them.