AIBU for refusing to sign a letter of improvement at work? Retail customer service related

[Welshlady60]

Recently at work I was made aware by my manager that a customer had complained about me to HR for my apparent poor customer service towards him.
In a nutshell, the customer had used the self service till, but his payment of around £35 hadn't gone through.
I went outside and asked him to come back into the store, explaining why. He wasn't happy as he was just about to get into his car, and he insisted that he'd paid as he 'heard the machine beeping'.

Once again, I explained that the payment hadn't been taken, and so he came back into the store, angrily tapped his card on the pad and stormed off saying that he 'wasn't trying to steal'.
I hadn't accused him of anything, and was polite at all times.

He's now made a complaint against me, which I wouldn't normally be bothered about. However, I was asked to make a statement to give my version of events, and was told that HR may most likely decide to issue me with a letter of improvement.
I've been at the store for ten years and have never had any issues, but I'm annoyed that a customer's unjustified complaint can result in me being reprimanded for doing my job, especially as I wasn't rude, he was.
Should I refuse to sign it, given that I feel it's an unfair complaint?

So if you’re in a restaurant for example and your payment doesn’t go through you say to the employee you’re rude, it’s not theft and leave? Same with a shop. You leave, you haven’t paid, this fact is pointed out and you say you’re rude and complain? It’s theft to take goods and not pay. This non payment was pointed out and the customer didn’t like this. Too bad for them because they have to pay. If the shop policy is that payment is not a requirement then fine the employee was wrong to challenge the non paying customer.

If they want to give you a notice of improvement surely they need to specify what you did that isn't to standard and how to improve that. Doesn't sound like they have. I'd appeal it OP

I'm sure I've never come across any guidance on how to handle walkouts from the self service tills, we've all just always tried to call people back if possible, even if they've left the store and we can see them outside.

Many of the walkouts will be accidental, so it's the done thing that we'll try and politely approach them, unlike if it's an obvious shoplifter whose literally just walked out with goods without even attempting to pay. We then let them go.

Absolutely refuse to sign it. There is no improvement needed wtaf. He felt embarrassed is all and needs to get over it. It was not your fault or cause.

A response needs to go back to him empathising that the machine didn't take payment that it feels embarrassing to need to come back in but he wasn't being accused of anything it was just a glitch. That the staff member did her job and was by all accounts polite. Sorry this happens but please remember with technology, we need to wait for it to show payment has been taken before leaving the store.

We hope this experience doesn't put you off shopping with us again. We do have tills if you prefer to use those in future and I will look into why the glitch happened.

Exactly so it’s not your fault. What did this non paying customer want you to do to remind them politely that their payment hadn’t happened? You told them
in calm words but they didn’t like that they’d not got away with not paying. At these checkouts it’s obvious if your payment has gone through or not. I’ve had the chip on my card not work so I had to put in my pin, PIN code wrong (put it in again) - it’s really obvious, card not recognised so I had to put my card in again. It’s obvious when the card hasn’t worked.

Don't sign it, and insist on going through the formal appeal/grievance process.

Do not get into any discussions about shoplifting etc. Do not over-complicate. Your line of argument is that you followed the accepted procedure for a failed transaction and you were at all times polite to the customer.

I don't think it's the complaint that's pissed me off as much as the fact that I may have to receive an improvement letter, for doing my bloody job!

It sounds as if the improvement letter won't be about doing your job - they're not criticising you for going after the man, but for being rude. If you're absolutely sure you weren't, then don't sign it. But do think carefully about this; are you 100% sure that you were pleasant and professional throughout, and that your manner wasn't at all offhand at any point? I can imagine circumstances where you felt it was a pain in the neck you had to go after him, or you were perhaps a bit impatient or sounded unbelieving when he initially said he heard the machine beeping etc. Is that possible?

I had a similar scenario happen in a previous workplace. Had worked there over a decade, male customer became verbally abusive towards me and shouted in my face while standing leaning over me (he was a large tall man, I am a very petite woman). It was frightening and not one member of staff helped at the time.
Customer was angry because we didn’t stock an item he thought we sold. I was calm throughout but I was frightened by the interaction.
He complained and my employer sent him flowers and champagne to apologise. Then they drafted an apology letter from me and promised the customer I would personally sign it. That was the point I applied for a new job elsewhere!
I refused to sign the letter and handed in my notice 3 weeks later (when I had secured the new job). I haven’t regretted leaving. Your company are showing you they will not have your back so you owe them no loyalty in return. You’re worth much more OP.

I'm not sure what your policies say and have never worked in retail. However, an "improvement letter" sounds like a first stage sanction which should link with formal procedures.

I think @Welshlady60 you need to ask on what basis an improvement letter is being issued, and if there is a set period for it to stay on your file. If there were no witnesses then this is "he said, she said" and no evidence to uphold.

It sounds like poor management/HR practice to me and I would suggest you politely and constructively challenge it.

It seems wrong you were chasing people down the street and following them to the car?

OP the letter of improvement is a formal PIP, or performance improvement plan. It’s part of a disciplinary procedure and will remain on your record, so your manager is not telling you the truth about the implications. It’s definitely not ‘nothing’.

The letter is used by employers to address an employee's underperformance or misconduct and should outline specific areas where improvement is needed, the expected outcomes, the timeframe for improvement and the potential consequences if the employee fails to meet the expectations. It’s a formal record of an employee's ‘performance issues’ and the steps taken to address them. So it isn’t a question of you simply signing it and forgetting it because it serves as documentation of the employer's efforts to address these ‘issues’ and can be used in future disciplinary actions if necessary.

They can’t simply take the customers’ side and take formal action against you as a result, without a hearing, and without evidence. It’s subjective - the customers’ word against yours - and the only reason l can think of for a disciplinary in these circumstances is if you haven’t followed policy or procedure.

If l were you, my next step would be to put a letter together to HR, and copy in your manager. Ask exactly what the grounds for the disciplinary action are, and ask which part of policy or procedure has been breached. And you need to consult with ACAS for advice - tell them the whole story, including the fact that your manager tried to minimise what is clearly disciplinary action as informal and not meaningful. Don’t sign anything in the meantime and if you are asked to attend any meetings of any kind, make sure you take someone with you as a witness and to take notes.

I would join the union if they are showing signs of mismanagement of incidents like this, make sure it is one that colleagues recommend as my niece was in one and when she needed them they said sorry they were too busy to help 😲. She then joined unite and although they couldn’t attend meetings for the incident that started before she joined they did give her very useful advice and they were very proactive at future incidents (hers was disability related)

When I was disciplining staff at work we had a formal process which asked the staff member to sign the minutes at the end. It meant nothing because if they refused to sign, I would simply note that <xyz> refused to sign. If there is an outcome that you disagree with then you need to appeal the decision. Refusing to sign (unless you think the minutes are inaccurate) is a redundant exercise.

Your manager needs to follow a reasonable process (I.e.: gives you a chance to defend yourself) and come to a reasonable (I.e.: rationally defensible) decision based on a reasonable investigation (I.e.: has actually sought and weighed up the available evidence).

If there is no CCTV evidence, then the only evidence available is your word vs the customers word, additionally the fact that the customer only paid once is evidence to support your version of events. Explain to your manager that you understand the customer may have been embarrassed because it looked like they had done something wrong, you didn’t think they had, and you were polite and professional at all times, however they were (understandably even if unnecessarily) embarrassed. Therefore the evidence available does not sustain a customer complaint because without any further evidence that you were rude, the reasonable interpretation of the facts as presented is that you weren’t rude.

The other thing you can do is contest the customer evidence: ask if the account the customer has given sounds like you, if you think the account the customer has given matches what other evidence is available (if they said you were angry and shouting, even if CCTV doesn’t record sound it would record aggressive or upset body language). The idea is that you are providing and interpretation of the evidence available so that your manager can make a decision in your favour.

If they have still made an unreasonable decision (that is, the evidence available does not sustain what they’ve decided) then appeal the decision to the next level of management.

Remember that in matters of employment the standard is not “beyond reasonable doubt” but “on the balance of probability”. You need to not only defend your actions but also provide an account that paints the customers complaint in such a way as to cast some doubt on their version of events.

eg: “Yes, I remember the interaction. I was monitoring the self-check out as the company is concerned that people may make mistakes and underpay or overpay in error. I noticed customer <abc> had attempted to pay via card tap and it had failed to go through. I followed them to advise them of the mistake and they reacted badly, believing I had accused them of stealing. I did not accuse them, nor did I believe they had done this deliberately, however they were understandably embarrassed. I believe this is the source of the complaint, I managed to get them to come back and pay, and at all times maintained a professional and polite demeanour. They were upset, however I believe that my professional duties obliged me to ensure that they paid for their shopping.

That the customer either a) made a mistake or b) attempted to steal is not in question- you can check the CCTV and bank records. They only paid once, and that was after I got them to come back in. I do not think they were attempting to steal but I believe I carried out my professional obligations in a polite and courteous manner, however the upset and embarrassment they have obviously felt now makes me believe that perhaps they were attempting to steal and were upset at having been caught out.”

This response gives a reasonable version of events that accounts for your behaviour, their behaviour, and if your manager is being reasonable would be very hard to sustain a customer complaint.

I’d refuse to sign anything like that, and i’d also take it further if I issued with an improvement letter.

All of this is irrelevant. The complaint is subjective - the customers’ word against OP’s. The employer has no evidence on which to base disciplinary action in these circumstances. And a letter of improvement initiates a PIP, which OP’s manager isn’t being upfront about - telling OP it’s not formal and doesn’t mean anything, when quite clearly it does and could potentially lead to dismissal.

Happened to me at a petrol station. I was in a hurry, paid at the till inside, thought the contactless payment had worked, went outside and was about to get into my car when the assistant came running out to tell me it hadn't gone through! Mildly embarrassing but my own fault and not grounds for complaint!

It doesn't meet the threshold for theft in any way. There is no intention which is a crucial part of theft.

I’d point out to my manager that I’d be less likely to chase down non paying customers from now on. 🤷🏻‍♀️

What is she supposed to do if a payment hasn't gone through? As per my post above, this happened to me and it never crossed my mind that the member of staff wasn't completely justified.

This! If they side with the customer, I'd be pushing for guidance on what you should have done in that situation- would they rather that you turn a blind eye and allow customers to walk away when this happens? I think getting firm guidance on what they want you to do is key.

And agree, I wouldn't sign anything!!

You really can’t win in this situation. If he’d walked away without paying you’d be in trouble for having a walk off so you call him back and still end up in trouble.

I’d definitely ask you manager what he/she expects you to do in this situation and say you’d like it clarified for future reference. I wouldn’t even bother raising this with my staff but sounds like the customer has complained through head office and they’ll want to see how it was followed up.

If you need advice phone ACAS tomorrow, I find them better than the union for advice in situations like this. The joys of working in retail, and people wonder why we all look miserable!

Seriously?
To point out, I didn't 'chase' him down the street at all, and I didn't 'follow' him to his car.
I noticed the screen with the transaction still waiting to be paid for, remembered who was using that particular self service (there are only three so not difficult) and stepped outside into our car park, where he was just about to get into his car and drive off with around £35 worth of goods he hadn't paid for.

Do you think I should've not bothered and just let him go?
It may have been unintentional on his part, but it may have been intentional also. If the latter was the case, then if he 'got away' without paying then wouldn't you think he'd try it again another time?

Thank you for the replies, I'll be back later to read through them all

This is exactly what will happen.

The action will still be in your file and "live". A letter of improvement or letter of concern is a slap on the wrist and is not considered formal disciplinary action. But! It has no time limit. As in a warning or other action may have a 6 month life span. All of this really means jack shit.

The action will remain open and may be used in the future to show character, used as an example moving forward.

In your situation you have two options if the letter comes your way;

1. Sign and put it behind you and move forward.
2. Don't sign, appeal and raise some hell as you.

I would make sure to ask for clarification on how to deal with matter and then to further waste their time ,. I would specifically ask for additional training to be completed so that you and others don't not make the same mistake in the future and then it is in black and white. Use examples of this scenario happening in past and detail how it was handled and again ask for more clarification- do this if you know the date or approximate date of these incidents. Also, ask about what would have happened if you did not approach the customer to settle his bill? How would that have reflected on you, the store and your colleagues? What protections do they offer you in regards to customers not paying or you not seeking payment etc.?

To me this looks like a clear case of the customer is always right, so suck it up and take one for the team. Fight back. The customer is not always right.

Does it not seem wrong to not wait for the transaction to go through and give you a receipt for your shopping? I do quite like that about Sainsbury’s. You have to scan your receipt to get out of the self service area so there’s no danger this happening there.