Night shelf stacker dismissed for failing to scan items: Tesco's decision upheld
A Tesco employee with 12 years' service was fairly dismissed for gross misconduct after failing to scan and pay for items on multiple occasions while using the Scan as You Shop service. The tribunal found Tesco's investigation and decision were reasonable.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant was dismissed for gross misconduct after failing to scan and pay for items on multiple occasions while using the Scan as You Shop service.
- The respondent's investigation found that on five separate dates in November 2022, the claimant did not scan all items in her trolley.
- The claimant accepted at the investigation meeting that CCTV showed items not being scanned and that receipts did not include those items.
- The dismissing officer concluded there was a consistent pattern of behaviour and that the claimant intentionally did not pay for goods.
- The claimant had 12 years' service and a clean disciplinary record but did not appeal the dismissal.
Timeline
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Employment started
Claimant began working at Tesco Llandrindod Wells store as a Customer Assistant.
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First alleged incident
Claimant allegedly failed to scan a pack of Monster drink.
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Second alleged incident
Allegation of unpaid items, later withdrawn after receipt check.
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Third alleged incident
Claimant allegedly failed to scan multiple items including Benylin, paracetamol, Pepsi, meat, and Monster drink.
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Fourth alleged incident
Claimant's partner placed a 24-pack of Pepsi and Thorntons chocolates in trolley; items not scanned.
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Fifth alleged incident
Claimant allegedly failed to scan Oreo, Flake ice-creams, Monster drink, and a ready meal.
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Suspension
Claimant suspended on full pay pending investigation.
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Investigation meeting
Dean Penny conducted investigation meeting; claimant accepted most allegations.
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Disciplinary hearing and dismissal
Richard Thomas held disciplinary hearing and dismissed claimant for gross misconduct.
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Dismissal letter
Written confirmation of dismissal sent to claimant.
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Claim presented
Claimant filed unfair dismissal claim with Employment Tribunal.
The legal issue
Was the dismissal fair given the employer's belief that the employee intentionally avoided paying for items, and did the employer follow a reasonable process before deciding to dismiss?
The outcome
The tribunal dismissed the claim, ruling that Tesco acted fairly. The employer had CCTV evidence showing items not being scanned, and the employee accepted most of the allegations. The dismissing officer considered the employee's long service and clean record but concluded the pattern of behaviour amounted to gross misconduct.
No compensation was awarded as the claim failed.
Lessons & takeaways
- Long service and a clean disciplinary record do not automatically make a dismissal unfair if the misconduct is serious and proven.
- Admitting to the facts of an allegation can strengthen the employer's case, especially when CCTV or other evidence confirms the pattern.
- Not appealing a dismissal can weaken a claim of unfair dismissal, as tribunals may view it as a missed opportunity to challenge the decision internally.
When a trusted employee is caught on CCTV
This case shows how even a long-serving employee with an unblemished record can be fairly dismissed for gross misconduct when clear evidence of dishonesty exists. The employee, a night shelf stacker who had worked for Tesco for 12 years, was dismissed after failing to scan and pay for items on five separate occasions while using the store's Scan as You Shop service.
Tesco's investigation was thorough: CCTV footage showed items being placed in the trolley but not scanned, and receipts confirmed those items were missing. At the investigation meeting, the employee accepted that the CCTV showed items not being scanned and that the receipts did not include them. The dismissing officer considered the employee's long service and clean record but concluded that the repeated failures to scan items indicated a deliberate pattern of behaviour, amounting to gross misconduct.
What the employer did right
Tesco followed a proper process: suspension pending investigation, a fair investigation meeting, and a disciplinary hearing where the employee could respond. The employee did not appeal the dismissal, which the tribunal noted as relevant. The key lesson for employers is that a reasonable belief in misconduct, supported by clear evidence and a fair process, will usually justify dismissal even for a long-serving employee.
Why the claim failed
The employee argued that her actions were not intentional and that she was treated differently from other customers. However, the tribunal accepted that Tesco had a genuine belief in her guilt based on the evidence. The employee's failure to appeal also undermined her case. This outcome reinforces that tribunals are reluctant to second-guess employer decisions where the investigation is reasonable and the sanction is within the range of reasonable responses.
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