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Saint In Exile
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Hi

 

 

My 19 yr old son works at a large national DIY chain (I'm sure you can guess who). Today he has been informed that he's been sacked due to money being missing from the till he was logged into yesterday. He's only worked there for 2 months. The employer hasn't been able to show any evidence to suggest that he has taken the money, in fact, a poor quality CCTV actually shows another employee on the till at some point and putting a note into the till.

 

There's been no involvement from the HR department and he not been given anything in writing.

 

 

So, my question is, are they able to simply sack him "on the spot" or do they have to follow their disciplinary procedures, present evidence that he has taken the money and involve the police when there is an accusation of theft?

 

 

Thanks in advance

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If he is in probation I think you are pretty knackered, though it stinks enough for me to want to take it further. If its the orange and black lot Im sure they wouldnt want a big song and dance out of it so it might be worth getting in touch with HR or higher management to ask them to explain themselves.

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I know an employment lawyer very well (unfortunately, he's in the states) but what he always says is that when a company makes a decision like this (particularly big ones). They tend to make sure they are aware of their own legal guidelines and will have checked to make sure they are allowed to perform such actions.

 

Either way, he would have had to file the report for the dismissal and you'd think the reasons could be easy to list if the employee is on a trial period. In fact, if it's a trial period, most companies will have the right of dismissal for most reason let alone this which could be construed as gross misconduct.

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I know an employment lawyer very well (unfortunately, he's in the states) but what he always says is that when a company makes a decision like this (particularly big ones). They tend to make sure they are aware of their own legal guidelines and will have checked to make sure they are allowed to perform such actions.

 

Either way, he would have had to file the report for the dismissal and you'd think the reasons could be easy to list if the employee is on a trial period. In fact, if it's a trial period, most companies will have the right of dismissal for most reason let alone this which could be construed as gross misconduct.

 

I'm not so sure about that. Retail is a funny old world. Store managers often go a bit rogue.

 

Even if your son was on probation, they will have a clear process which would likely involve an interview and the opportunity to dispute the claims (although, HR don't need to be involved in that). If you're not happy with the outcome, I would definitely escalate. And even if that doesn't get a happy outcome, at least you're teaching your son how to stand up for himself, and the feeling of pride in doing so.

 

But sorry he's had to go through this - sounds very stressful.

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I'm not so sure about that. Retail is a funny old world. Store managers often go a bit rogue.

 

Even if your son was on probation, they will have a clear process which would likely involve an interview and the opportunity to dispute the claims (although, HR don't need to be involved in that). If you're not happy with the outcome, I would definitely escalate. And even if that doesn't get a happy outcome, at least you're teaching your son how to stand up for himself, and the feeling of pride in doing so.

 

But sorry he's had to go through this - sounds very stressful.

 

The retailer I worked for was often up and down as far as end of day till results go and I'd say to specifically accuse one person would be unusual unless they believed it was concrete and had happened on a couple of occasions with the same person. But even if this store manager did go rouge as Coxford_lou put's it, you can bet that this would be his story and if challenged would make darn sure he had witnesses to back him up.

 

So I think it would be tricky.....maybe not impossible, but hard work, to contest this one.

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The retailer I worked for was often up and down as far as end of day till results go and I'd say to specifically accuse one person would be unusual unless they believed it was concrete and had happened on a couple of occasions with the same person. But even if this store manager did go rouge as Coxford_lou put's it, you can bet that this would be his story and if challenged would make darn sure he had witnesses to back him up.

 

So I think it would be tricky.....maybe not impossible, but hard work, to contest this one.

 

I meant rouge in terms of HR policies, rather than stealing the money themselves :)

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I meant rouge in terms of HR policies, rather than stealing the money themselves :)

 

So did I. In the sense that he's gone off and just fired someone without following procedure.

 

I'll give you an example, I once accidently gave some items at a collection point to the wrong person and they promptly ran off with the items costing the company about a hundred pounds. My department manager wanted to...well, I wouldn't like to speculate but after speaking to the store manager it was agreed that there was a procedure in place and that, in my case, I had explained before being employed that because of my many head operations my memory wasn't brilliant so putting me in such a position on my own where I could forget could be problematic, legal-wise, if someone were to, as it's suggested in this case just go off on one and fire me. So they had to have checked the statutes and such beforehand and I think it would be unusual if they didn't.

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Even if your son was on probation, they will have a clear process which would likely involve an interview and the opportunity to dispute the claims (although, HR don't need to be involved in that). If you're not happy with the outcome, I would definitely escalate. And even if that doesn't get a happy outcome, at least you're teaching your son how to stand up for himself, and the feeling of pride in doing so.

 

I agree totally with this. Legally he has no rights, but the company must follow their own procedures, if they dont you have a lever.

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No real rights anywhere until you've worked somewhere a year, and it has been that way for years.

 

It's a shame everyone hates those Unions so much. They'd have been the ideal body to address this imbalance between employer and employee, I feel.

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They will have a grievance procedure that they will follow. He should write to HR dept asking for a copy of the procedure. Sounds like a store manager overstepping their remit.

 

This - unless the fact that he's only been there 2 months overrides it. Even so, and even if he's on probation, I'd expect there to be more the process than simply being sacked on the spot without evidence of gross misconduct.

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Hi

 

 

My 19 yr old son works at a large national DIY chain (I'm sure you can guess who). Today he has been informed that he's been sacked due to money being missing from the till he was logged into yesterday. He's only worked there for 2 months. The employer hasn't been able to show any evidence to suggest that he has taken the money, in fact, a poor quality CCTV actually shows another employee on the till at some point and putting a note into the till.

 

There's been no involvement from the HR department and he not been given anything in writing.

 

 

So, my question is, are they able to simply sack him "on the spot" or do they have to follow their disciplinary procedures, present evidence that he has taken the money and involve the police when there is an accusation of theft?

 

 

Thanks in advance

 

Which area was the store in?

 

That particular company have quite a good name in terms of retail employment, so I'm quite surprised they've treated him like this. I do know that they are restructuring their own HR and taking them out of stores, giving the management more autonomy over this sort of thing.

 

I'm amazed there hasn't been anything in writing .

 

Was he on a fixed term contract or a permanent one.I personally know the manager of the store near me and they only take people on for 3 months, before deciding whether to then make the job permanent?

 

Are they paying him any notice?

 

 

As people have posted already , there's not much you can do in terms of employment law, but this company have got a process to follow regardless of length of service. If they've moved away from that process then the manger will find himself/herself in bother. Its not going to help your lad but may stop a repeat. Was it the top manager who sacked him or one of the lower tier , if you wanted to take it further I would write to the immediate boss of the person that sacked him copying in head office HR.

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Fight it, unless they can prove the this you are innocent until proven guilty that is law of the land. I know a few young guys and girls that work for the DIY Black and Orange shop and they have complained to me that there is a fair amount of bullying from the 20 plus age group. If my son was pulled up on this I would be straight round to see the manager. Don't kick off though but be straight to the point and keep the moral high ground and explain that you will seek legal advice.

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Not sure there's a lot of legal recourse with under 1 year service other than if there's a discrimination case (race, sex etc). However if he's been sacked for gross misconduct, theft, he should definitely challenge this under the company's grievance or appeal procedure. It sounds like procedures haven't been followed. Full and thorough investigation, right to representation etc. He should look for a clean reference from the company. I don't think there is any more you will get than this but you don't want a dismissal on your employment record. In my experience, if the company have not followed procedures and have little evidence, I think they will settle for this.

BTW I'm not an HR expert but have handled many dismissals, grievances, appeals and tribunals from the employer side over many years.

Edited by KK the 2nd
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In most retail ur allowed to dip in the till and take a little something every now and again, but there is usually an agreed limit bout how much you can take. Possibly he can go to other colleagues and ask how much they steal per week? Or if not check with the union cos they normally agree this in advance with the higher management. To be on the safe side what I normally do is short-change customers as much as possible to keep the ledger respectable, which is quite easy in i.e. homebase where a lot of the customers are i.e. old and i.e. easily confused

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In most retail ur allowed to dip in the till and take a little something every now and again, but there is usually an agreed limit bout how much you can take. Possibly he can go to other colleagues and ask how much they steal per week? Or if not check with the union cos they normally agree this in advance with the higher management. To be on the safe side what I normally do is short-change customers as much as possible to keep the ledger respectable, which is quite easy in i.e. homebase where a lot of the customers are i.e. old and i.e. easily confused

 

Brilliant! I take my hat off to you Bearsy....that's how it normally works innit! :toppa::toppa::toppa:

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A modern day case of the Wilmslow Boy.

 

I think that legally if on probation he has no rights. This is however not about being late or sloppy it is about an accusation of dishonesty. That is a considerable slur on your poor son's reputation. Do not play the little man and walk away. Demand to speak to the manager who has made the allegation and ask him to provide his evidence. If he cannot then substantiate the claim then that is really quite shocking. The public are outraged by miscarriage of justices and I would point out that you will be taking this to the media. Maybe set up a facebook campaign to highlight their behaviour.

 

Oh and when you contact the manager start to the phone call off by telling him that the phone call is being recorded for legal purposes. He will take you more seriously.

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Forget the employment issue, I would get him a lawyer, if he is innocent without doubt and the case is unprovable there is a defamation issue which a lawyer would pretty sharply concentrate their lawyers.

 

I had long experience of defending pilots at disciplinary hearings, never lost one in over fifteen years and was often accused of using a sledge hammer to crack a nut because I was always ready to go to law.

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The law on rights is now 2 years when companies can dismiss without cause, however notice has to be paid

 

Dismissal without notice is usually only in the case of gross misconduct, and that would require the full implementation of the disciplinary procedure (i.e - investigation, disciplinary meeting with due notice and the right of accompaniment, and an appeal procedure). It sounds like this was not followed in this case

 

Failure to follow this would usually mean that one could sue for wrongful dismissal at least, but the basic award would only be notice, but there is a cost of issuing proceedings. At best, unfair dismissal might be claimed, but harder to make stick.

 

Therefore, the best course of action is the internal procedure

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yeah funkygibbons is on the mark there. I would prob do like he is saying rather than accuse homebase of defecating on me like suggested by Derry, which might be good for a laugh but i doubt would produce positive results :thumbup:

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How is it that big DIY can go around firing people with no apparent consequences, but when a group of my former school pals go into B&Qs across the country, load up trollies full of expensive DIY items, leave said trollies in garden area, then come back for them late at night armed with bolt cutters, they get sentenced to over a decade in prison?

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yeah funkygibbons is on the mark there. I would prob do like he is saying rather than accuse homebase of defecating on me like suggested by Derry, which might be good for a laugh but i doubt would produce positive results :thumbup:

 

The advice was take legal advice from a lawyer experienced in accusations like this. The boy now has been sacked for dishonesty. The evidence must be produced. The company is accountable. He will certainly be able to pursue the company procedures. However the big shadow of a lawyer concentrates the mind and can lead to a chicken out unless the case is cast iron. Managers are not averse to guilty verdicts if they think they can get away with it. Once the lawyer is known to be in the loop it changes the whole scene with no room for anything but a fair result.

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we tried that too but cos the bolt-cutters were £26.99 we left them in the trolley so we wouldn't have to pay for them :mcinnes:

You've got to speculate to accumulate, Bear. That's a very small outlay for a grand criminal scheme, and that's assuming there wasn't a pre-requisite mission in which a man with an apparent limp walked out of B&Q with a pair of bolt cutters down a trouser leg.

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The boy now has been sacked for dishonesty.

 

Erm no he hasn't. He's been dismissed for his till not adding up at close of business. I have worked tills and they do get v.angar bout this, mine was quite often a bit wrong, one way or the other, but they didn't assume I was stealing, they assumed I was dumbass and had the adding & subtraction skills of a cat. They're no more keen on that, than they are on tea-leaves :(

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Erm no he hasn't. He's been dismissed for his till not adding up at close of business. I have worked tills and they do get v.angar bout this, mine was quite often a bit wrong, one way or the other, but they didn't assume I was stealing, they assumed I was dumbass and had the adding & subtraction skills of a cat. They're no more keen on that, than they are on tea-leaves :(

 

True but to be summarily dismissed makes it a gross misconduct issue unless his probation is terminated due to inefficiency.

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can you defamate someone to their face? Wouldn't they have had to i.e. take an advert out in the local paper saying he was tea-leaf, or something like that, to be guilty of defamating?

I think it's considered sufficient if you can get somebody to post it on an internet site on your behalf. Preferably football I related.

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Erm no he hasn't. He's been dismissed for his till not adding up at close of business. I have worked tills and they do get v.angar bout this, mine was quite often a bit wrong, one way or the other, but they didn't assume I was stealing, they assumed I was dumbass and had the adding & subtraction skills of a cat. They're no more keen on that, than they are on tea-leaves :(

Please refrain from perpetuating the myth that cats are crap at maths. I hired two cats to do my accounts for a couple of former businesses, and they were both fine*. I find cats to be aloof customers when dealing with auditors and representatives of Her Majesty's Revenue and Customs.

 

* apart from a couple of insolvencies.

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Please refrain from perpetuating the myth that cats are crap at maths. I hired two cats to do my accounts for a couple of former businesses, and they were both fine*. I find cats to be aloof customers when dealing with auditors and representatives of Her Majesty's Revenue and Customs.

 

* apart from a couple of insolvencies.

 

Is there some kind of law of inevitability about SaintsWeb threads gravitating towards the Pompey nutjob thing?

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This appears to me to have little to do with HR and Company procedure's at this point in time. As few others have pointed out, if he has been dismissed for theft,then it is up to the employer to provide unequivocal proof of his guilt.

 

Go the 'Derry' route - challenge them legally.

 

As for the HR route, doesn't 'Viking Warrior' work in that field professionally - I haven't seen him around here for a while, but if he's lurking perhaps he could assist.

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Hi Saint in Exile.

 

I have read your post re your lad, I'm a little astonished by B&Q's response to this situation as they are pretty ofay with best practice re employment practice . The local store should have spoken to HR at central office for guidance in handling this correctly . They should certainly be following the ACAS guidelines for disciplinary procedures . Your lad should have been written to and told the reason of the allegations against him and invited to a hearing and the opportunity to put his case forward to a disciplinary hearing panel if it warranted that .

If he was summarily dismissed he should have been given a letter with a right to appeal

Sounds like the local manager is doing their own thing and certainly not following good employment practice as communicated by their director of HR Liz bell . Pm more details and I will advise accordingly .

 

Mike

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Please refrain from perpetuating the myth that cats are crap at maths. I hired two cats to do my accounts for a couple of former businesses, and they were both fine*. I find cats to be aloof customers when dealing with auditors and representatives of Her Majesty's Revenue and Customs.

 

* apart from a couple of insolvencies.

 

'arrys dog rosie is bulletproof in these situations

 

This appears to me to have little to do with HR and Company procedure's at this point in time. As few others have pointed out, if he has been dismissed for theft,then it is up to the employer to provide unequivocal proof of his guilt.

 

Go the 'Derry' route - challenge them legally.

 

As for the HR route, doesn't 'Viking Warrior' work in that field professionally - I haven't seen him around here for a while, but if he's lurking perhaps he could assist.

 

Challenge them for the proof. By all means do the whole 'this conversation is being recorded', but that may force them to go all in which would be nasty.

 

Find a mistake in their own procedure(s), it always happens somewhere.

 

Get a clean resignation and a decent payout, it will be costly taking a big firm to court (various legislation changes, employees now struggle to go 'no win, no fee' go tories...) and it could go either way whilst costing a few grand in the process.

 

Then move on, as Nigel used to say 'draw an orange & black line under it'. If its on a point of principle, go for it!

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I've spoken tonight to my mate who is a manager at said DIY shop , we were arranging a good drink up at the weekend , but I did mention this to him.

 

Company policy is not to dismiss for gross misconduct without an investigation , followed by a formal meeting . This applies to any length of service , however any right of appeal is subject to length of service and there won't be one in this case.

 

If they haven't dismissed on a gross misconduct basis , they can just pay him a months money and again there is no appeal , but more importantly no investigation , formal meeting or anything similar . They can just send a letter stating that they are terminating his contract and paying him a months notice. This letter should not mention any gross misconduct and the can not mention gross misconduct on any reference or further communication .

 

In your sons case it looks like they've taken the easier option of just terminating contract , with notice . The only redress if if he feels he was discriminated against because of race , gender or sexual preference . If they haven't sent him a letter or paid him a months notice then they have broken company policy and although it won't get your sons job back , will get someone in trouble if you complain .

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I've spoken tonight to my mate who is a manager at said DIY shop , we were arranging a good drink up at the weekend , but I did mention this to him.

 

Company policy is not to dismiss for gross misconduct without an investigation , followed by a formal meeting . This applies to any length of service , however any right of appeal is subject to length of service and there won't be one in this case.

 

If they haven't dismissed on a gross misconduct basis , they can just pay him a months money and again there is no appeal , but more importantly no investigation , formal meeting or anything similar . They can just send a letter stating that they are terminating his contract and paying him a months notice. This letter should not mention any gross misconduct and the can not mention gross misconduct on any reference or further communication .

 

In your sons case it looks like they've taken the easier option of just terminating contract , with notice . The only redress if if he feels he was discriminated against because of race , gender or sexual preference . If they haven't sent him a letter or paid him a months notice then they have broken company policy and although it won't get your sons job back , will get someone in trouble if you complain .

 

That would be the equality act (previously a couple of laws put into one, for example the disability discrimination act 1994), which also covers disability as well. I think the same one was used for my example about too.

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Saint in Exile

 

There should have been a proper investigation and due process should have taken place .

Your lad is not working at The IOW branch at Newport is he ?

I would have thought after the Pritchard case , B&Q would have ensured their store managers were better trained in disciplinary investigations etc.

The Pritchard case , the out come was harsh but found to be fair. I previously read the the tribunal case notes a couple of years ago while advising on a potential dismissal case . Anyway

Send me a pm or I can send you my email address. I prefer to give advice away from this forum

Mike

 

Mike

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This appears to me to have little to do with HR and Company procedure's at this point in time. As few others have pointed out, if he has been dismissed for theft,then it is up to the employer to provide unequivocal proof of his guilt.

 

Go the 'Derry' route - challenge them legally.

 

As for the HR route, doesn't 'Viking Warrior' work in that field professionally - I haven't seen him around here for a while, but if he's lurking perhaps he could assist.

 

In employment law, that frankly, is NOT the case.

 

Employment Law is not the same as criminal law and for cases of theft, the employer does not have to provide unequivocal proof or even proof beyond reasonable doubt. It does however have to have reasonable suspicion and reasonable evidence.

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I haven't read what everyone else has posted (I'm a busy man ;-) but an allegation of theft is a serious charge. I would think that dismissing someone for this, without any evidence, is treading on dodgy ground, irrespective of their length of service. ACAS is a great site, set up to help employee's and employer's. I have needed their help on a number of occasions and they have been excellent.

 

http://www.acas.org.uk/index.aspx?articleid=1461.............. Come what may, you still need to challenge this because this store/particular manager could blacken your son's name with other local employers. Don't think that this couldn't happen.

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Saint in Exile

 

There should have been a proper investigation and due process should have taken place .

Your lad is not working at The IOW branch at Newport is he ?

I would have thought after the Pritchard case , B&Q would have ensured their store managers were better trained in disciplinary investigations etc.

The Pritchard case , the out come was harsh but found to be fair. I previously read the the tribunal case notes a couple of years ago while advising on a potential dismissal case . Anyway

Send me a pm or I can send you my email address. I prefer to give advice away from this forum

Mike

 

Mike

 

Thanks for the advice... The store's actually in Wandsworth, London. As it turns out, he wasn't actually sacked on the spot on Sunday, despite telling his mum he had been originally, he was told that they were going to speak to the other employee regarding what she was doing on the till in question. She was next due to be in work today.

 

I'm hoping it's all been a bit of teenage over-dramatics/jumping to conclusions after being "questioned" and that the note the other employee could be seen putting into the till was actually a note to say she'd taken the £160 out to put in another till.

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Thanks for the advice... The store's actually in Wandsworth, London. As it turns out, he wasn't actually sacked on the spot on Sunday, despite telling his mum he had been originally, he was told that they were going to speak to the other employee regarding what she was doing on the till in question. She was next due to be in work today.

 

I'm hoping it's all been a bit of teenage over-dramatics/jumping to conclusions after being "questioned" and that the note the other employee could be seen putting into the till was actually a note to say she'd taken the £160 out to put in another till.

So basically, a colossal waste of everybody's time?

 

Burn him!*

 

*Just joshing. A couple of slaps outside the pub will do just fine.

 

"Waste everyone's facking time on a football forum, will ya boy? Gertcha!", etc.

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So basically, a colossal waste of everybody's time?

 

Burn him!*

 

*Just joshing. A couple of slaps outside the pub will do just fine.

 

"Waste everyone's facking time on a football forum, will ya boy? Gertcha!", etc.

 

This whole site is a colossal waste of time.

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This whole site is a colossal waste of time.

Maybe to us, but to future historians it could be a goldmine.

 

"I don't understand it. The early 21st century people are an educated lot. Why are they unable to unravel what we realise so readily? Why don't they set themselves free?!!"

Except for Bearsy's insightful take on the world of course!!

"Hmm, this, and the frequent mammary content, explains much"

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