Should I go to Tribunal ?

Abz89

Hello MSE Forum ! I need some help.

I work in a franchise fast food restaurant for four and a half years. I took a tip from a regular customer on the night shift. The boss that night saw me put it in my bra (no pockets) and thought it was theft. They suspended me with full pay and carried out investigation, I received a final written warning.

I did some research and found that there is no written policy for tip or 'gratuities'. I decided to appeal this and was just told this morning that I was 'clutching at straws', ' I should have been dismissed but they contacted legal team and decided on Final' ( This got me thinking that I may have a case and they don't want me going for full blown unfair dismissal), That ' Not all policies in life are written down'. Green text are the franchise supervisor actual words.
He told me that in 20 years he had known it was not allowed. I have been allowed many times to take tips at the managers discretion. These managers have now either left or moved to different stores ( I refused to name them since I cannot prove when it happened or anything I say, I don't want to drag other people into my fight.)

I feel like I'm being made an example of and being scared into not fighting. But I feel that when money is concerned, their policies should be completely black and white and written down in the contract.

We are told to follow the McEmployee handbook, but franchises can create their own policies. mine has no documentation on specifics. They are just piggy backing on the Comanys established rules and scaring anyone who challenges it.

Lawyers, Judges, People who have been there . . .
Do I have a case ? Should I punch back ?
I am trying to seek FREE legal advice but I don't have much money to put forward for lawyer. Can I get employment Tribunals for ' no win, no fee' ?

Thanks for reading my rant. I appreciate all feedback.
Have a great day.
Don't let anyone dull you SPARKLE !:D

Takeaway_Addict

Abz89 wrote: »

Hello MSE Forum ! I need some help.

I work in a franchise fast food restaurant for four and a half years. I took a tip from a regular customer on the night shift. The boss that night saw me put it in my bra (no pockets) and thought it was theft. They suspended me with full pay and carried out investigation, I received a final written warning.

I did some research and found that there is no written policy for tip or 'gratuities'. I decided to appeal this and was just told this morning that I was 'clutching at straws', ' I should have been dismissed but they contacted legal team and decided on Final' ( This got me thinking that I may have a case and they don't want me going for full blown unfair dismissal), That ' Not all policies in life are written down'. Green text are the franchise supervisor actual words.
He told me that in 20 years he had known it was not allowed. I have been allowed many times to take tips at the managers discretion. These managers have now either left or moved to different stores ( I refused to name them since I cannot prove when it happened or anything I say, I don't want to drag other people into my fight.)

I feel like I'm being made an example of and being scared into not fighting. But I feel that when money is concerned, their policies should be completely black and white and written down in the contract.

We are told to follow the McEmployee handbook, but franchises can create their own policies. mine has no documentation on specifics. They are just piggy backing on the Comanys established rules and scaring anyone who challenges it.

Lawyers, Judges, People who have been there . . .
Do I have a case ? Should I punch back ?
I am trying to seek FREE legal advice but I don't have much money to put forward for lawyer. Can I get employment Tribunals for ' no win, no fee' ?

Thanks for reading my rant. I appreciate all feedback.
Have a great day.
Don't let anyone dull you SPARKLE !:D

You can't goto a tribunal to turn over a final written warning unless you feel you were being discriminated because of a protected characteristic such as sex, gender etc). From what you have said it doesn't sound like they are.

Start looking for a new job IMO.

Southend1

Are you a union member? You can get free legal advice from your union on work related matters. You are also entitled to representation from your union at any disciplinary hearing.

If you aren't already a union member it would be a good idea to join.

Bantex_2

Have you been declaring these tips to HMRC?

Undervalued

Southend1 wrote: »

Are you a union member? You can get free legal advice from your union on work related matters. You are also entitled to representation from your union at any disciplinary hearing.

If you aren't already a union member it would be a good idea to join.

Yes but there is usually a qualifying period before they will provide help and they won't normally take on existing cases.

As stated above you can't bring a tribunal case over a warning.

Finally, it is not often that you can get somebody who is still employed by the company to speak up for you as they generally tend to worry about their own position and develop amnesia! Some people are principled enough to help but sadly they are in a minority.