Husband told to eff off there's the door - is this legal?

tamiami

He was accused of giving someone a free drink, he works in a hotel, boss wouldn't listen to him and told him to eff off and there's the door at the end of his shift. Can he do this? Is he not entitled to notice and be issued with a letter/warning. He's only worked there 4 months.

Thanks

elsien

Notice is one week if he's worked there continuously for a month. They can pay him this if they don't want him back.
Warning letter? Nope, they don't have to give him a warning if they don't want to after 4 months - he needs 2 years to gain any rights. . Suggesting a warning implies he did indeed hand out the freebie, which is probably enough to get him the sack even if he'd had employment protection.

tamiami

Thanks for your reply.

Apparently a woman came in upset and someone had just bought him a drink so he gave it to her instead to calm her down. Manager is on holiday and the owner who just shouted at him and told him to leave.

Takeaway_Addict

tamiami wrote: »

Thanks for your reply.

Apparently a woman came in upset and someone had just bought him a drink so he gave it to her instead to calm her down. Manager is on holiday and the owner who is very elderly just shouted at him and told him to leave.

Relevent how?

tamiami

I thought it was relevant as he is in his 80's and doesn't run the business as he has a manager. Probably back in the 1970's it was ok to treat employees like this and he doesn't realise that times have changed.

Takeaway_Addict

tamiami wrote: »

I thought it was relevant as he is in his 80's and doesn't run the business as he has a manager. Probably back in the 1970's it was ok to treat employees like this and he doesn't realise that times have changed.

I'm sure there are many 80 year olds that run businesses and are up to date on legislation.

And regardless, as long as he pays the correct notice and outstanding holiday pay then he hasn't done anything unlawful.

Norman_Castle

tamiami wrote: »

Thanks for your reply.

Apparently a woman came in upset and someone had just bought him a drink so he gave it to her instead to calm her down. Manager is on holiday and the owner who just shouted at him and told him to leave.

Was the drink paid for by your husband?.

NewShadow

Norman_Castle wrote: »

Was the drink paid for by your husband?.

Or, is your husband allowed to take drinks bought for him by patrons?

HappyMJ

NewShadow wrote: »

Or, is your husband allowed to take drinks bought for him by patrons?

It's a tip isn't it...Tips are legal and if he wishes to give away his tip then he's entitled to.

However, the employer doesn't need a reason to terminate employment in the first two years. Maybe they did not know the drink was already paid for.

TBagpuss

short answer is that he is entitled to notice, or pay in lieu of notice. That would be 1 week or whatever it says in his contract, whichever is longer.

Is it possible that the owner would listen to him once he has calmed down? Or that the manager would intervene on his behalf, once the manager is back?

Guest101

The only real recourse is if he has any contractual rights, but id say that's unlikely in this type of role