Unfair Suspension from Bar Work

xapprenticex

Next time do a TLDR version at the end, i gather you gave free drinks from the responses.

dawyldthing

I’m surprised they allow freebies as they will have a spillage allowance but it all will get found in a stocktake.

If it’s a student town I’d resign as long as they will give you a reference

Brummie85

They pretty much have you in their pockets at this point - There isn't much you can do.

I'd take plan A - leave without going through the process. Even though the DM sounds awful there is no certainty that they'll believe your side of events duding the investigation & disciplinary. HR will likely enforce the rules and dismiss you anyway, regardless of if you think you've been a good employee or have done no more wrong then your colleagues. It doesn't make your loss of job fair, but you'd never be able to claim unfair dismissal on these grounds.

Try looking at the positives. You may have gotten comfortable working there and with that a bit slack. Although you are being forced, you now have the opportunity to move on and make the best of your potential and not to make the same mistakes again.

shortcrust

"But we've been consistently giving people five pound notes from the till for years!"

This is no different.

Mirceadece

Thank you everyone for your honest response, i understand i am in the wrong because of my assumption that i was already given permission to give away the drinks, which was not the case. The way they have chosen to go forward is a clear indication that the DM does not want me working there anymore.

Now i either have a choice of surfacing the fact that we've been consistently given permission by the GMs to have a drink during the shift (and i was unaware that it is considered gross misconduct - which is naive, but it was my case), bartenders are often encouraged to have a drink as well during the masterclasses, while many times the managers also have a drink in the office during working hours.
The fact that i have been singled out is a hypocrisy due to the perpetuation of their own behavior. My case would be an unfair treatment claim according to the way they've chosen to act in the past (allowing bartenders to have a drink, having one themselves during working hours), and discrimination for choosing to enforce punishment on a selection basis, neglecting the rest of the bar.
I understand the lack of sympathy i will get from the HR during the disciplinary, at the moment i am faced with either resignation or choosing to fight them and potentially surfacing some shady behavior on the managers part - i understand this option would still lead to my dismissal.
I am honestly still inclined in going with the second option, as my main career is the architectural environment and an ugly reference from bar work would not even be considered. This would change, however, in the case that i ever chose to undertake bar work on a part-time basis.
I understand my time to decide is limited, nonetheless i still have hope, perhaps foolishly, that i will be given a warning instead of dismissal in the disciplinary phase.

BrassicWoman

Gross misconduct in any line of work trashes employment prospects in all others.

Comms69

Mirceadece wrote: »

Thank you everyone for your honest response, i understand i am in the wrong because of my assumption that i was already given permission to give away the drinks, which was not the case. The way they have chosen to go forward is a clear indication that the DM does not want me working there anymore.

Now i either have a choice of surfacing the fact that we've been consistently given permission by the GMs to have a drink during the shift (and i was unaware that it is considered gross misconduct - which is naive, but it was my case), bartenders are often encouraged to have a drink as well during the masterclasses, while many times the managers also have a drink in the office during working hours.
The fact that i have been singled out is a hypocrisy due to the perpetuation of their own behavior. My case would be an unfair treatment claim - you have no such claim. Unfair dismissal is if they don't follow policy; they clearly are following it. according to the way they've chosen to act in the past (allowing bartenders to have a drink, having one themselves during working hours) - irrelevant , and discrimination for choosing to enforce punishment on a selection basis, neglecting the rest of the bar. - They are allowed to discriminate!
I understand the lack of sympathy i will get from the HR during the disciplinary, at the moment i am faced with either resignation or choosing to fight them and potentially surfacing some shady behavior on the managers part - i understand this option would still lead to my dismissal. - You are NOT going to continue working there. The ONLY battle you have is over your reference.
I am honestly still inclined in going with the second option, as my main career is the architectural environment - how would a criminal conviction affect that?... and an ugly reference from bar work would not even be considered. This would change, however, in the case that i ever chose to undertake bar work on a part-time basis. - You'd be surprised what employers ask for. Whether it's bar work or not, the vast majority ask for the last employer
I understand my time to decide is limited, nonetheless i still have hope, perhaps foolishly, that i will be given a warning instead of dismissal in the disciplinary phase.

I cant see you getting a warning.

Masomnia

This is such a blatant case of someone being constructively unfairly dismissed that I actually wondered if it was someone doing a 'mystery shopping' exercise. OP you'd be advised to speak to ACAS and maybe citizens advice, if you don't have access to legal cover.

Maybe ask your manager to confirm the contents of your conversation in an email with him, if you phrase it in such a way of you wanting to check if that is the case before you make a decision he might... I would get advice first though.

Les79

Masomnia wrote: »

This is such a blatant case of someone being constructively unfairly dismissed that I actually wondered if it was someone doing a 'mystery shopping' exercise. OP you'd be advised to speak to ACAS and maybe citizens advice, if you don't have access to legal cover.

Maybe ask your manager to confirm the contents of your conversation in an email with him, if you phrase it in such a way of you wanting to check if that is the case before you make a decision he might... I would get advice first though.

Blatant how so?

I feel you need to expand on that because you are going against the grain a bit there....Not trying to discredit you like, but rather to hopefully get some more *meat* from your point of view (so we don't send OP on a wild goose chase).

I can literally sum up my skepticism with the police analogy...

You, and several cars, are driving along at 35mph in a 30 zone. The police pull YOU over and fine you, but let the others go. They have blatantly targeted you, but you were in the wrong so have no defence to refute the action taken against you.

Tabbytabitha

How can you say that someone bought you a drink when they didn't pay for it?