Stealing would be grounds for gross misconduct surely?
John Herd said he “forgot to pay” for the energy drinks on three occasions in October 2021, when he was accused of stealing them, because he was “on the verge of being made homeless” and was losing sleep over it.
And companies wonder why they can’t get staff😂😂
‘Everyone else does it’ isn’t really a legal excuse even though it’s probably true, even less so when you consider they were a manager and therefore seemingly letting things go.
This happened to my cousin in a confectionery warehouse, new manager wanted to clamp down and clear out of staff, said they’d found empty chocolate wrappers near his area….he successfully argued that he doesn’t eat chocolate or anything other than certain sweets but he left anyway knowing what was coming.
Makes sense
From the RTE article since this one is pay walled.
‘In September 2021, Tesco’s Target system reported unusual activity in the Crumlin store.
Target is a software programme that is designed to manage and reduce shrink or loss and integrates CCTV and existing security to identify potential risks and provide image-based evidence to enhance the level of protection in stores.’
Would anyone have any articles on this Target software that they use? Or if you’re familiar with it, expand a bit more? Curious as to how it actually works.
At least he got wings
Person robs shit from company loses unfair dismissal case… omg, I’m shocked
Here it is if couldn’t be bothered to register for the indo site
📌📌📌📌📌📌📌📌📌📌📌📌📌📌📌📌📌📌📌 TESCO MANAGER SACKED FOR DRINKING THREE CANS OF RED BULL WITHOUT PAYING FOR THEM LOSES CLAIM FOR UNFAIR DISMISSAL
A Tesco deputy manager who said he was “singled out” and sacked for drinking three cans of Red Bull worth €9.45 without paying has lost his claim for unfair dismissal.
ohn Herd said he “forgot to pay” for the energy drinks on three occasions in October 2021, when he was accused of stealing them, because he was “on the verge of being made homeless” and was losing sleep over it.
The supermarket had argued that its “bond of trust” with Mr Herd was broken and that it was reasonable to sack him from his €33,900-a-year post – a position backed by the Workplace Relations Commission in a decision published today.
The tribunal heard that in September 2021, Tesco’s loss prevention software, called “Target”, flagged “unusual activity at the Crumlin Express store in Dublin where Mr Herd was the deputy manager.
“It was alleged that the complainant took a can of Red Bull and consumed it without having paid for it on three separate occasions: the 3rd, 8th, and 18th of October 2021,” said IBEC employer relations executive Niamh Ní Cheallaigh.
The tribunal heard the allegation was put to Mr Herd by the store manager, Emma Doyle, on October 29, 2021, and that an investigation meeting, disciplinary hearing and appeal took place.
He said his work colleagues “would know he always paid for his drinks each morning but on these occasions he apparently did not pay” – and that he was “unaware of his wrongdoing” until he was called to the first meeting with Ms Doyle.
Mr Herd said he was “going through a very tough time in his personal life” and was losing sleep as he was “on the verge of being made homeless”.
Mr Herd accused the supermarket of “favouritism” – claiming that similar allegations against other staff were “swept under the rug”.
He said he had complained to his line manager about one colleague, who he claimed gave out a bottle of spirits for free on one occasion and Tesco Clubcard points at “100 times the value they should have issued” on another.
This other worker had been “involved in multiple incidents and has only been issued with warnings, if even that”, Mr Herd said – arguing he had been “singled out” for the “full force of the disciplinary process for an arguably less severe infraction”.
He said both the investigating officer and the disciplinary officer had declined to discuss these other situations, stating they were “not aware” of them.
Mr Herd was sacked on foot of a finding of gross misconduct in December 2021, with the dismissal “effective immediately”, Ms Ní Cheallaigh said.
His later appeal that the sanction was “excessive” was rejected.
Upholding Mr Herd’s sacking, adjudicating officer Pat Brady wrote that Mr Herd had taken the energy drink and failed to pay for it.
“This did not happen on one occasion but actually happened on three separate occasions within a 15-day period,” he wrote.
“The claimant should have been under no illusion from his position and training with the company that the issues that led to his dismissal would amount to gross misconduct,” Mr Brady wrote.

The slightest little infraction or misdemeanour and you’re gone whereas higher echelons of society get away with murder. I never liked Tesco anyway. Not one bit surprised.
No leg to stand on, but have I done it myself? Of course.
Having sleepless nights causes him to drink Redbull. I think it may work the other way around.
The software was tagging a can of red bull as unusual activity? Not even alcohol or steak or televisions or other high value items. I don’t get it
Anyone else a bit surprised at how low that salary was?
He can answer phones from the comfort of his living room wearing undies for the same pay. He’d have to supply his own energy drinks though, so maybe not worth it.
Feels harsh, feels fair… I could see both sides but I guess the point is if you’re a manager you shouldn’t do it or better yet just don’t get caught.
Deputy manager salary 33’900 tight enough
I’m sorry but to anyone saying “stealing is wrong”, you’re being a corporate-stoolie prick. Every office in the country offers free coffee, tea, many offer soft drinks and juice, fruit, etc. A huge multinational actually making someone unemployed over 3 cans of a cheap soft drink has to have been some kind of singling him out. It’s mind-boggling. He probably cost Tesco €3 maybe. I wonder if he ever did €3 worth of overtime work especially during covid. I think we all know how hard they worked.
Seems harsh, should have given a warning and asked him to pay to cash back. Also 33,900 is shocking for a management position.
“without paying for them” Yeah there’s a nice simple word for that: “stealing”.
Tesco are cunts, they sell gone off rubbish and they suck profits out of the country and the single market. Don’t shop there.
19 comments
Stealing would be grounds for gross misconduct surely?
John Herd said he “forgot to pay” for the energy drinks on three occasions in October 2021, when he was accused of stealing them, because he was “on the verge of being made homeless” and was losing sleep over it.
And companies wonder why they can’t get staff😂😂
‘Everyone else does it’ isn’t really a legal excuse even though it’s probably true, even less so when you consider they were a manager and therefore seemingly letting things go.
This happened to my cousin in a confectionery warehouse, new manager wanted to clamp down and clear out of staff, said they’d found empty chocolate wrappers near his area….he successfully argued that he doesn’t eat chocolate or anything other than certain sweets but he left anyway knowing what was coming.
Makes sense
From the RTE article since this one is pay walled.
‘In September 2021, Tesco’s Target system reported unusual activity in the Crumlin store.
Target is a software programme that is designed to manage and reduce shrink or loss and integrates CCTV and existing security to identify potential risks and provide image-based evidence to enhance the level of protection in stores.’
Would anyone have any articles on this Target software that they use? Or if you’re familiar with it, expand a bit more? Curious as to how it actually works.
At least he got wings
Person robs shit from company loses unfair dismissal case… omg, I’m shocked
Here it is if couldn’t be bothered to register for the indo site
📌📌📌📌📌📌📌📌📌📌📌📌📌📌📌📌📌📌📌 TESCO MANAGER SACKED FOR DRINKING THREE CANS OF RED BULL WITHOUT PAYING FOR THEM LOSES CLAIM FOR UNFAIR DISMISSAL
A Tesco deputy manager who said he was “singled out” and sacked for drinking three cans of Red Bull worth €9.45 without paying has lost his claim for unfair dismissal.
ohn Herd said he “forgot to pay” for the energy drinks on three occasions in October 2021, when he was accused of stealing them, because he was “on the verge of being made homeless” and was losing sleep over it.
The supermarket had argued that its “bond of trust” with Mr Herd was broken and that it was reasonable to sack him from his €33,900-a-year post – a position backed by the Workplace Relations Commission in a decision published today.
The tribunal heard that in September 2021, Tesco’s loss prevention software, called “Target”, flagged “unusual activity at the Crumlin Express store in Dublin where Mr Herd was the deputy manager.
“It was alleged that the complainant took a can of Red Bull and consumed it without having paid for it on three separate occasions: the 3rd, 8th, and 18th of October 2021,” said IBEC employer relations executive Niamh Ní Cheallaigh.
The tribunal heard the allegation was put to Mr Herd by the store manager, Emma Doyle, on October 29, 2021, and that an investigation meeting, disciplinary hearing and appeal took place.
He said his work colleagues “would know he always paid for his drinks each morning but on these occasions he apparently did not pay” – and that he was “unaware of his wrongdoing” until he was called to the first meeting with Ms Doyle.
Mr Herd said he was “going through a very tough time in his personal life” and was losing sleep as he was “on the verge of being made homeless”.
Mr Herd accused the supermarket of “favouritism” – claiming that similar allegations against other staff were “swept under the rug”.
He said he had complained to his line manager about one colleague, who he claimed gave out a bottle of spirits for free on one occasion and Tesco Clubcard points at “100 times the value they should have issued” on another.
This other worker had been “involved in multiple incidents and has only been issued with warnings, if even that”, Mr Herd said – arguing he had been “singled out” for the “full force of the disciplinary process for an arguably less severe infraction”.
He said both the investigating officer and the disciplinary officer had declined to discuss these other situations, stating they were “not aware” of them.
Mr Herd was sacked on foot of a finding of gross misconduct in December 2021, with the dismissal “effective immediately”, Ms Ní Cheallaigh said.
His later appeal that the sanction was “excessive” was rejected.
Upholding Mr Herd’s sacking, adjudicating officer Pat Brady wrote that Mr Herd had taken the energy drink and failed to pay for it.
“This did not happen on one occasion but actually happened on three separate occasions within a 15-day period,” he wrote.
“The claimant should have been under no illusion from his position and training with the company that the issues that led to his dismissal would amount to gross misconduct,” Mr Brady wrote.

The slightest little infraction or misdemeanour and you’re gone whereas higher echelons of society get away with murder. I never liked Tesco anyway. Not one bit surprised.
No leg to stand on, but have I done it myself? Of course.
Having sleepless nights causes him to drink Redbull. I think it may work the other way around.
The software was tagging a can of red bull as unusual activity? Not even alcohol or steak or televisions or other high value items. I don’t get it
Anyone else a bit surprised at how low that salary was?
He can answer phones from the comfort of his living room wearing undies for the same pay. He’d have to supply his own energy drinks though, so maybe not worth it.
Feels harsh, feels fair… I could see both sides but I guess the point is if you’re a manager you shouldn’t do it or better yet just don’t get caught.
Deputy manager salary 33’900 tight enough
I’m sorry but to anyone saying “stealing is wrong”, you’re being a corporate-stoolie prick. Every office in the country offers free coffee, tea, many offer soft drinks and juice, fruit, etc. A huge multinational actually making someone unemployed over 3 cans of a cheap soft drink has to have been some kind of singling him out. It’s mind-boggling. He probably cost Tesco €3 maybe. I wonder if he ever did €3 worth of overtime work especially during covid. I think we all know how hard they worked.
Seems harsh, should have given a warning and asked him to pay to cash back. Also 33,900 is shocking for a management position.
“without paying for them” Yeah there’s a nice simple word for that: “stealing”.
Tesco are cunts, they sell gone off rubbish and they suck profits out of the country and the single market. Don’t shop there.