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Unfair Suspension from Bar Work
Mirceadece
Posts: 7 Forumite
First of all, i believe it would be important to mention that i have been working part-time in this particular bar (part of a larger chain spread throughout the country) for the past 3 years. Being a volume bar, it is very much a struggle of serving as fast as possible, which i am particularly good at and have managed of building up a name for myself - breaking the annual sales record multiple times.
Anyway, this particular shift came a customer - who used to work as a manager in the bar, she also happens to be the GF of the current deputy manager, for a night out. She was with another member of the staff, they ordered a drink and she asked me to have a shot with them before they went.
In the past 3 years of me working there, i don't believe there has been a single time where i personally charged her for the drinks, as she used to manage the bar itself and her current BF is the Deputy Manager. There have been so many instances throughout the years of her coming to get served at the bar, that i automatically assumed i was given permission to serve her free drinks. Since she offered, i also had a shot with them before they left.
I specifically asked her before she left if it's alright to give her free drinks and if she's gonna speak to the Deputy Manager next day explaining the situation. Of course she said yes, but she is probably unaware of the suspension.
Fast forward 15 minutes, i am asked to go into the office where i find out i am being suspended by the Deputy Manager and that a meeting is underway for the next week. A few days later, a letter arrives mentioning i am being investigated for 'Theft, fraud or dishonesty' and 'Gross Negligence'. Speaking to the deputy manager informally (many reasons to believe he personally does not like me and would like to make an example out of this), he told me i have 2 choices:
I either resign in the next 24 hours before the investigation goes further, or i go through 2 months of meetings (they have to take the official path as they are part of a large chain) which will eventually lead to me getting fired anyway. He strongly recommended that i take the first path (ironically).
He also presented me the following:
1. The theft, fraud or dishonesty claim comes from the fact that i've given free drinks to the customer (ex-manager, his current GF) without asking for permission or putting any transaction through. This happens despite the fact that we often give free drinks to certain friends of managers, working in the same bar for a long time you get to know them quite close. It's something that goes without saying.
2. The gross negligence claim comes from the fact that i also had a shot with them before they left. It has often been the case that when a customer asks to buy us a drink, we accept. Also, the manager has specifically mentioned many times in staff meetings that he does not mind us having a drink or having some fun, within reasonable limits. Other bartenders were also present at the meeting, in case there is a need for witnesses.
Managers have seen us in the past having a drink/shot, there have been cases where people were sent home due to being drunk, without the need of a suspension/disciplinary meeting. As far as i am aware, this has been the only suspension in the past 3 years.
Personally, i am not bothered about the 'Theft, Fraud or Dishonesty' claim as it seems to be blown out of proportions and used as a scare tactic in order to make me resign by my own will.
They will definitely bring it up as a case of me giving free drinks away, regardless of the fact that we've been consistently doing it for years as a bar.
I am, however, bothered about the 'Gross Negligence' claim as the company (officially) has a no tolerance policy towards consuming alcohol on shift - which i did not know about. At the same time, i was not aware that having that particular drink (they have me on camera doing it) would be considered gross negligence, since it's also been happening consistently throughout the years with the bartenders. I have also been rejected in my request to view the evidence prior to my disciplinary meeting - this represents a breach of the ACAS code of practice.
I am only interested in being treated fairly, as everyone else behind the bar, but i have a very strong impression that my length of service, excellent prior performance with no written warnings will not be able to stand up to the claims, despite all the confusion. Officially speaking, on paper, i am guilty of giving free drinks away and of having a drink during the shift.
What would you personally advise me to do in this case?
EDIT: Normally if it is the case of the managers no longer wanting me to work there, i would simply leave as i have no wish in working in a hostile environment. The unfortunate event is that i am starting my last year of Masters Course in three weeks and losing the part-time job would put me in an unfortunate financial situation.
Anyway, this particular shift came a customer - who used to work as a manager in the bar, she also happens to be the GF of the current deputy manager, for a night out. She was with another member of the staff, they ordered a drink and she asked me to have a shot with them before they went.
In the past 3 years of me working there, i don't believe there has been a single time where i personally charged her for the drinks, as she used to manage the bar itself and her current BF is the Deputy Manager. There have been so many instances throughout the years of her coming to get served at the bar, that i automatically assumed i was given permission to serve her free drinks. Since she offered, i also had a shot with them before they left.
I specifically asked her before she left if it's alright to give her free drinks and if she's gonna speak to the Deputy Manager next day explaining the situation. Of course she said yes, but she is probably unaware of the suspension.
Fast forward 15 minutes, i am asked to go into the office where i find out i am being suspended by the Deputy Manager and that a meeting is underway for the next week. A few days later, a letter arrives mentioning i am being investigated for 'Theft, fraud or dishonesty' and 'Gross Negligence'. Speaking to the deputy manager informally (many reasons to believe he personally does not like me and would like to make an example out of this), he told me i have 2 choices:
I either resign in the next 24 hours before the investigation goes further, or i go through 2 months of meetings (they have to take the official path as they are part of a large chain) which will eventually lead to me getting fired anyway. He strongly recommended that i take the first path (ironically).
He also presented me the following:
1. The theft, fraud or dishonesty claim comes from the fact that i've given free drinks to the customer (ex-manager, his current GF) without asking for permission or putting any transaction through. This happens despite the fact that we often give free drinks to certain friends of managers, working in the same bar for a long time you get to know them quite close. It's something that goes without saying.
2. The gross negligence claim comes from the fact that i also had a shot with them before they left. It has often been the case that when a customer asks to buy us a drink, we accept. Also, the manager has specifically mentioned many times in staff meetings that he does not mind us having a drink or having some fun, within reasonable limits. Other bartenders were also present at the meeting, in case there is a need for witnesses.
Managers have seen us in the past having a drink/shot, there have been cases where people were sent home due to being drunk, without the need of a suspension/disciplinary meeting. As far as i am aware, this has been the only suspension in the past 3 years.
Personally, i am not bothered about the 'Theft, Fraud or Dishonesty' claim as it seems to be blown out of proportions and used as a scare tactic in order to make me resign by my own will.
They will definitely bring it up as a case of me giving free drinks away, regardless of the fact that we've been consistently doing it for years as a bar.
I am, however, bothered about the 'Gross Negligence' claim as the company (officially) has a no tolerance policy towards consuming alcohol on shift - which i did not know about. At the same time, i was not aware that having that particular drink (they have me on camera doing it) would be considered gross negligence, since it's also been happening consistently throughout the years with the bartenders. I have also been rejected in my request to view the evidence prior to my disciplinary meeting - this represents a breach of the ACAS code of practice.
I am only interested in being treated fairly, as everyone else behind the bar, but i have a very strong impression that my length of service, excellent prior performance with no written warnings will not be able to stand up to the claims, despite all the confusion. Officially speaking, on paper, i am guilty of giving free drinks away and of having a drink during the shift.
What would you personally advise me to do in this case?
EDIT: Normally if it is the case of the managers no longer wanting me to work there, i would simply leave as i have no wish in working in a hostile environment. The unfortunate event is that i am starting my last year of Masters Course in three weeks and losing the part-time job would put me in an unfortunate financial situation.
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Comments
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Who gave you permission to give her free drinks? I cant see any mention of that.
Was she as manager allowed to give permission for that?
Was her partner as deputy manager able to give permission for his partner to get free drinks after she was an employee?
Was someone who is in no way employed by the company now allowed to get free drinks for herself, her friend and you?0 -
Move on and find work elsewhere.Mirceadece wrote: »What would you personally advise me to do in this case?0 -
Your in the wrong. Don’t ever assume.0
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1. Who gave you permission to give her free drinks?
Nobody gave me permission on that particular occasion. I have been given approval in terms of giving her free drinks in the past, so i automatically assumed that it would be fine.
Was she as manager allowed to give permission for that?
As a manager, you are allowed to give permission for that. She works as a manager of a different place, but comes for a night out every now and then.
Was her partner as deputy manager able to give permission for his partner to get free drinks after she was an employee?
Yes
Was someone who is in no way employed by the company now allowed to get free drinks for herself, her friend and you?
Yes, old managers or particular friends of managers.0 -
Mirceadece wrote: »First of all, i believe it would be important to mention that i have been working part-time in this particular bar (part of a larger chain spread throughout the country) for the past 3 years. Being a volume bar, it is very much a struggle of serving as fast as possible, which i am particularly good at and have managed of building up a name for myself - breaking the annual sales record multiple times.
Anyway, this particular shift came a customer - who used to work as a manager in the bar, she also happens to be the GF of the current deputy manager, for a night out. She was with another member of the staff, they ordered a drink and she asked me to have a shot with them before they went.
In the past 3 years of me working there, i don't believe there has been a single time where i personally charged her for the drinks, as she used to manage the bar itself and her current BF is the Deputy Manager. There have been so many instances throughout the years of her coming to get served at the bar, that i automatically assumed i was given permission to serve her free drinks. Since she offered, i also had a shot with them before they left.
I specifically asked her before she left if it's alright to give her free drinks and if she's gonna speak to the Deputy Manager next day explaining the situation. Of course she said yes, but she is probably unaware of the suspension. - Sorry you gave away stock to a former employee, for free. I appreciate it may have been other staff who had done so previously but I would never do that. I might set up a tab, or get clearance from above; but to decide that on your own seems a bit naïve lets say.
Fast forward 15 minutes, i am asked to go into the office where i find out i am being suspended by the Deputy Manager and that a meeting is underway for the next week. A few days later, a letter arrives mentioning i am being investigated for 'Theft, fraud or dishonesty' and 'Gross Negligence'. Speaking to the deputy manager informally (many reasons to believe he personally does not like me and would like to make an example out of this), he told me i have 2 choices:
I either resign in the next 24 hours before the investigation goes further, or i go through 2 months of meetings (they have to take the official path as they are part of a large chain) which will eventually lead to me getting fired anyway. He strongly recommended that i take the first path (ironically). - Well that's up to you. But unless theyre willing to supply a golden reference along side the resignation there seems to be no reason to choose that option.
He also presented me the following:
1. The theft, fraud or dishonesty claim comes from the fact that i've given free drinks to the customer (ex-manager, his current GF) without asking for permission or putting any transaction through. This happens despite the fact that we often give free drinks to certain friends of managers, working in the same bar for a long time you get to know them quite close. It's something that goes without saying. - Not in a large chain it doesn't. Head office would probably welcome your reports on this
2. The gross negligence claim comes from the fact that i also had a shot with them before they left. - I'd say it's gross misconduct. Negligence is, well, negligent. You knew what you were doing. It has often been the case that when a customer asks to buy us a drink, we accept. - yes but you don't drink it on duty. Also, the manager has specifically mentioned many times in staff meetings that he does not mind us having a drink or having some fun, within reasonable limits. Other bartenders were also present at the meeting, in case there is a need for witnesses. - I suspect it's against company policy; again big chain, lots of policies. Also people tend to forget things when their job could be on the line.
Managers have seen us in the past having a drink/shot, there have been cases where people were sent home due to being drunk, without the need of a suspension/disciplinary meeting. As far as i am aware, this has been the only suspension in the past 3 years. - Sounds like a terrible work environment.
Personally, i am not bothered about the 'Theft, Fraud or Dishonesty' claim as it seems to be blown out of proportions and used as a scare tactic in order to make me resign by my own will. - I would be, that's criminal record territory.
They will definitely bring it up as a case of me giving free drinks away, regardless of the fact that we've been consistently doing it for years as a bar. - lots of people do illegal things every day; doesn't make it ok
I am, however, bothered about the 'Gross Negligence' claim as the company (officially) has a no tolerance policy towards consuming alcohol on shift - as I suspected. - which i did not know about. At the same time, i was not aware that having that particular drink (they have me on camera doing it) would be considered gross negligence, - it's gross misconduct. someone has the terminology wrong since it's also been happening consistently throughout the years with the bartenders. I have also been rejected in my request to view the evidence prior to my disciplinary meeting - this represents a breach of the ACAS code of practice. - not sure it does. This is the investigation stage; you are entitled to it when you reach disciplinary, and not before
I am only interested in being treated fairly, as everyone else behind the bar, but i have a very strong impression that my length of service, excellent prior performance with no written warnings will not be able to stand up to the claims, despite all the confusion. - you seem to think you've done nothing wrong. Now i full accept that lots of people have done lots wrong in this scenario, but don't absolve yourself of blame. Officially speaking, on paper, i am guilty of giving free drinks away and of having a drink during the shift. - indeed, and officially is all that matters
What would you personally advise me to do in this case? - I'd negotiate a quiet exit with a decent reference.
EDIT: Normally if it is the case of the managers no longer wanting me to work there, i would simply leave as i have no wish in working in a hostile environment. The unfortunate event is that i am starting my last year of Masters Course in three weeks and losing the part-time job would put me in an unfortunate financial situation.
As this is clearly gross misconduct, it's only a matter of time before they get correct advice and terminate your employment immediately. You're only hand to play is that head office will likely frown upon the conduct of other people too and those managing this establishment will be in the firing line.0 -
What do you want the outcome for you personally to be? Will you need a reference from this job to secure another job?
If you're able to secure another job with relative ease (and I can't imagine it's too difficult for mass volume vertical drinking establishment bar work), then I'd simply move on - life's too short, and there are more worthwhile "fair treatment" causes to make yourself a martyr over than this one.0 -
It might not be fair but legally I believe they will be covered.
I would suggest you offer an option three which is you resign immediately as they request but they pay you for two months. If they say no then it will force them to carry on employing you for two months and have to spend considerable time and effort to fire you. In addition if they do something slightly wrong as part of the process you may then have legal recourse to sue for wrongful dismissal.
I would also ask for a guarantee of a reference0 -
Mirceadece wrote: »I am only interested in being treated fairly
As does everyone, but I'm sure that the reality dawns on many people when they start their 9 hour shift in a bar for NMW whilst some rich person sits on their !!!! with a few million in their bank, living off the interest as their main income.
Summary: Life isn't fair, so don't expect to be treated "fairly" in respect to others (though in some circumstances unfair treatment counts, but 90% not in this case; you'd need a lawyer to explore the 10% chance). It is the same with police, using the defense "everyone else speeds" when you are caught speeding is no defence for your own transgression (try it out sometime if you don't agree...).
One thing I'd say is that they appear to be wanting you to pick the easy option, and it could be for varying reasons.... maybe they don't have a strong enough case to argue a "he said she said" situation and get their desired result, maybe they can't be bothered going through the whole process.
In that respect, you could potentially deny all knowledge and let them put you through the mill. You may well live to tell the tale depending on how strong a case they can build. But even if you decide that, and survive, the relationship will obviously be a bit sour and you may well be "marked".
Lesson learnt I think... Do things by the book and, if you are being pressured to provide free drinks (that's the only scenario in which I'd sympathise with you a bit), run anything else past the manager first. "Hey XX, this person is asking for a free drink. Do you want me to put it through or charge them normal price?"0 -
Bar work. Its a cash business and the owners don't like thieves working for them. Probably not directly the OP's fault but should have refused and let the DM get his/her hands soiled. Anyway thats hindsight.
Chain pubs have mistery shoppers and regular stock takes and are usually full of HQ cctv.
If you can convince them to let you resign and a neutral reference then I'd consider that a win. You will probably be joined shortly after by the DM.0 -
Mirceadece wrote: »1. Who gave you permission to give her free drinks?
Nobody gave me permission on that particular occasion. I have been given approval in terms of giving her free drinks in the past, so i automatically assumed that it would be fine.
Was she as manager allowed to give permission for that?
As a manager, you are allowed to give permission for that. She works as a manager of a different place, but comes for a night out every now and then.
Was her partner as deputy manager able to give permission for his partner to get free drinks after she was an employee?
Yes
Was someone who is in no way employed by the company now allowed to get free drinks for herself, her friend and you?
Yes, old managers or particular friends of managers.
And I’m going to assume you have proof of all of these allowed freebies...0
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