Tribunal action?

rvickyl

Hi Guys,

Just wondering if someone can give me some advice ... ...

To cut a very long story short, my brother has been dismissed from his job. This is an unfair dismissal and I belive from what I have read about Tribunals that he will have a good case.

His boss was extremley aggressive (and very drunk) my brother felt threatened and wanted to leave, he told him if he did he would be sacked.

So basically, my brother is now without a job and no money through no wrong doing on his part. I am determind to get him compensated.

I was going to write to the brewery of the bar he worked for, and put in an official complaint, and if I got no where with this then take it to Tribunal.

Questions I have :-
1. If the case goes to tribunal would we need a solicitor to act on our behalf or could I act on behalf of my brother?

2. In writing to the brewery can I do this on behalf of my brother? Or will they refuse to deal with me?

3. Any further advice anyone could give me would be greatly appreciated.

My brother is in his early 20's but is very naive, and gets taken advantage because he constantly wants to please people, and is a very hardworker. When he started at this job 2 years ago he had no confidence whatsoever, and gradually he has grown. However due to this aggressive bully he has now got no confidence at all!!!

Thank You for reading

mymatebob

Who was his employer?
How was he dismissed and for what? e.g gross misconduct

Does his (previous) employer have a written policy on discipline?
Legally he has the right of appeal.
How long ago did this happen?
Has he been informed in writing?

You need to make sure he has exhausted all the company procedures before thinking about an Employment Tribunal

Lots of helpful advice on the ACAS website

rvickyl

I dont want to start naming names on a forum. He was employed in a Pub as a Chef, and occasionally he also worked behind the bar for extra shifts.

The landlord leases the pub, and their is a brewery that manage it.

The pub has just changed breweries and so the staff don't even have new contracts. So with regards to written policies, i doubt they havre anything.

This happened last night.

Basically - My brother was working behind the bar, he was supposed to be working 6 - 11, however when he got to work this had been changed to just finish. His boss was in the pub and was already drinking at this point. My husband went to the pub about 10:50 to meet my brother, and when he found out he was having to work late said he would stay and wait for him. The night progressed and apart from a few snide comments at my brother and husbands expense, the landlord was fine and was even playing pool with my husband. However he was getting increasingly drunk and aggressive especially directed towards my brother, a few times my brother told my husband that he just wanted to go home, and my husband told him it would be ok, just stick it out.

By 1:00am the pub was still full, and the landlord would not let the staff go home, at this point my husband asked the landlord what time he was letting them finish and he said "when I decide and not a second before, and if you have got a problem with that you can F*** off too" my husband said ok not a problem I was just wondering thats all. At this point the landlord got very aggressive and pushed my husband backwards knocking him over, he was then grabbed from behind and put into a headlock and thrown outside, and the doors locked behind him. At this point my husband was extremley concerned for my brother and did not want to leave him in there. So he got my mum to go down to try and calm the situation down.

My mum managed eventually to get my brother to come outside and the landlord followed, he said that he couldn't go home because he had not decided he could yet and if he left then he would sack him. My brother was so scared by this point, he was shaking and crying, and just wanted to go home. So they turned to leave, at this point the landlord attacked my husband from behind. (and this matter is currently being dealt with my the police)

In all honesty, I don't even think the landlord will remember much about this as he was drunk. However my brother is so scared that he will not even go in to collect his belongings and wages.

The police are trying to get these for my brother and we are just waiting for them to get in touch. However they advised us to make a complaint to the brewery.

Sorry for the long story but feel it might make things clearer.

The ACAS website advise that if it "unfair dismissal" then you can go straight to Tribunal and don't need to have gone through the grievance procedure first.

mymatebob

At what point has he been sacked?
The drunken landlord saying it does not constitute a sacking.
Is your brother supposed to be back working?

I was not meaning you to name the employers I just meant to clarify if the landlord was his employer or someone else.

From what you have said I am glad to hear the police are involved and if anyone is going to lose their job it is likely to be the landlord as with a full pub there must be witnesses to this. Do as the police suggest and get in touch with the brewery immediately. Recorded delivery letter might be the best way

maninthestreet

Has the assault on your husband been reported to the police?