Can an employee be given disciplinary action over a poor mystery shopper score?

I know someone who was recently given a poor mystery shopper score of 44%. They have been told by their employer (Marks & Spencer) that they are going to be given disciplinary action for it. Seems a bit harsh, especially considering a previous mystery shopper gave her 100% before.

I thought that companies weren’t allowed to do this any more. Please can you let me know if there are any policies preventing employers from disciplining their staff over mystery shoppers, or do companies have their own separate policies relating to this?

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3 Responses to “Can an employee be given disciplinary action over a poor mystery shopper score?”

  1. Ellis says:

    It is entirely up to each company to devise and implement its own policy and it may depend not so much on the low score itself but the reason for the low score. For example if under the company’s code of conduct it is a cause for disciplinary action if an employee is rude to a customer, it’s no excuse for the employee if the "customer" to whom the employee was rude was in fact a mystery shopper. It’s precisely to obtain this kind of feedback that retailers spend a lot of money on mystery shoppers and if an employee lets the store down in any way that might give rise to disciplinary action then it can be taken..

  2. DavisWalk says:

    It is only regulated my company policy, and if there is a union in place, that trumps it. I am not aware of any legislation in any state that even comes close to attempting such a restriction.

  3. JOHN says:

    Yes they can

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