Ex-Boots employee fired after giving 'voupons' to customers wins unfair dismissal case

Ruling is despite a Labour Court finding that she was 'substantially responsible' for her own dismissal

As well as issues over the coupons, the employee was also accused of “holding items behind the desk” contrary to Boots pharmacy’s policies. File photo: Leah Farrell/RollingNews.ie

A Boots beauty adviser fired after being filmed giving money-off vouchers to customers has won her case against the company for unfair dismissal.

This was despite a Labour Court finding that she was “substantially responsible” for her own dismissal.

Boots management spotted her receiving so-called “voupons” (money-off vouchers) she wasn’t entitled to and giving them to regular customers who hadn’t earned them, while holding them back from customers who had.

As well as issues over the coupons, the employee was also accused of “holding items behind the desk” contrary to the pharmacy giant’s policies. Boots established the employee “had illegitimately redeemed coupons she had not earned at a financial loss” to the company.

Boots' investigation

Sarah Thompson, Boots’ assistant store operation support for the Republic of Ireland, told the Labour Court that she received a phone call from the manager of the store where the now-former employee worked, stating she had concerns after reviewing CCTV.

Ms Thompson reviewed the CCTV and noticed the employee getting coupons from another member of staff. She then reviewed CCTV for the period August 1 to 31, 2018, when the coupons were operating.

She noted the employee spent more coupons than she had earned, was shopping during working hours and using her discount on clearance items.

She said these were all transactions that were in breach of company policy, which the employee said she was not fully aware of due to suffering from dyslexia.

At a meeting with her employers, the employee confirmed there were times when she did not follow the process and gave an example of giving coupons to regular customers. In her defence, she said that this was common practice among employees.

She was suspended on full pay pending a full investigation and then dismissed on October 17, 2018. When the matter was subsequently heard before the Labour Court, the former employee said she had dyslexia and that management was aware of her learning disability.

She said she made “an honest mistake” when carrying out transactions on August 23 and August 26, 2018. She also said she was not fully aware of all the details of all of Boots' policies on things, including voupons.

Her representative in court also drew attention to the “band of reasonableness test”, mentioning Boots fired her after — in part — relying on an allegation that had not been put to her. This concerned CCTV evidence of the employee getting coupons from another member of staff.

Court's ruling

The Labour Court ruled: “The Court finds the (employee’s) evidence that she was not familiar with policy . . . not to be credible.

“The Court finds on the balance of probabilities (she) was aware her actions were not in compliance with procedures.

“However, the Court notes (Boots) relied on an allegation that was not put to the Complainant either at the investigation or disciplinary stage and which the (employee) was not afforded an opportunity to respond to.

“On that basis the Court finds that (she) was not afforded fair procedure and therefore the decision to dismiss was unfair.” 

The court added: “Taking into account the Court's findings that (she) knew her actions were contrary to (Boots') policy, the Court finds that (she) was substantially responsible for her own dismissal and this finding is reflected in the Court’s decision to award compensation of €5,000.”