Unfair/Wrongful dismissal - Conflict of interest

Fariah

Wondering if you super helpful people could offer me some advice for a friend who I feel has been woefully mistreated and he's at a bit of a loose end.



I'll keep everything anonymous as I know keywords often show up in Google searches!

My friend was employed at a pub as a Bar Manager, his contract was a fixed term contract which started on end of June 2018 due to renew in January. Said pub is leased by a larger company to the landlady.


Landlady lives at said pub with her partner who works there but apparently isn't 'on the books' in any way and often works in the kitchen. He is not paid a wage apparently.


He is often drunk and has been seen asking bar staff for drinks and not running them through the till. This guy is often bullying actual members of staff reducing 18 year old girls to tears and staff turnover is high. This isn't limited to staff either, he has also been rude and abusive to customers.



My friend has had many run ins with him but it's all just been spats.



A couple of weeks ago I went to pick my friend up at the end of his shift, he had locked up and was closing down the bar. The closing time is 12pm and he has been strictly advised not to serve customers past this time. I was waiting when landlady and partner came in with some locals all heavily intoxicated. Said locals requested a drink from my friend which he refused on the grounds it was past 12. Some mutterings from locals ensued, to which my friend responded if they wanted serving it was out of his hand and his 'gaffer' would have to serve them.



The partner of the landlady was clearly not happy with the way my friend dealt with the situation and came behind the bar himself and did indeed serve the customers, he begun antagonising the situation being argumentative towards my friend. He did not rise to this at all. He was clearing around the till when the guy walked over and forcefully and aggressively shoved my friend out the way causing him to lose balance slightly, my friend grabbed hold of the jacket of this guy and held him at arms length telling him to calm down, he'd been drinking and that he needed to grow up. This guy just then became more aggressive and started taunting him "Come on then, come on then" sort of attitude. The landlady eventually stepped in and split them up after some more pushing and shoving.



Shortly after my friend received a number of abusive messages, missed calls and voice messages. Saying he was his boss and that he was sacked.


The next day my friend spoke directly to the landlady who admitted her partner had given her an ultimatum that it was either my friend or him and if he was to set foot back in that bar he would leave. There was no mention of formal dismissal at this point she just advised my friend to speak directly with the guy to sort it out. Which is incredibly bad management on it's own. She told him not to come in for that day.



The following day my friend went in for his shift as usual and the landlady spoke to him again, very ambiguous none committal responses that she'd have to let him go because she 'can't lose everything' and that she'd provide him an excellent reference. Nothing mentioned about the reason for the sacking.


We are now two weeks down the line and he has not had any formal reason for dismissal, she refuses to give him one, he has not got his P45 either. He's only just able to get a e-mail saying the reason is gross misconduct.



He was also never given a formal handbook for a grievance process.


He also now believes he has been underpaid throughout his employment (something which I'm helping him check out looking at rotas etc)


Does he have a leg to stand on legally? Is there anything he can do? Obviously there is the police route but I'm his only witness and the locals that were in that night have obviously sided with their friends.


Thanks for reading

KatrinaWaves

As he has been there under 2 years unfair dismissal isnt possible. They can pretty much get rid of him for any reason. There doesnt appear to be any discrimination here either.

Honestly he sounds far better off out.

I would however be reporting the landlady to the larger company. gather whatever evidence he can and get it all sent to them. he should have screenshots of messages from both the partner and the landlady which would be fairly damning. You never know, if he can get rid of them he may be able to rejoin under a different LL.

Fariah

Thanks Katrina, I appreciate you taking the time to reply!

lincroft1710

What is "the police route"?

Fariah

Hi Lincroft - Assault/Threatening Behavior/Harassment. Difficult to prove however and he will just look like a disgruntled ex employee I fear!

ACG

Less than 2 years and unless it is a protected characteristic (race, religion, sexuality etc) then there is nothing he can do.

He can report the partner for assault if there was an assault, but that is not going to get him his job back. He could also report them for serving after 12, but you have to prove it and it is unlikely anything will happen.

You could report the landlady for having an unpaid member of staff but as they are in a relationship I doubt that would get anywhere.

You can report it to the pub, but having run 2 pubs before, the brewery will do little more than forward on the letter to the landlady.

Draw a line under it. You are unlikely to get anywhere.

lincroft1710

Fariah wrote: »

Hi Lincroft - Assault/Threatening Behavior/Harassment. Difficult to prove however and he will just look like a disgruntled ex employee I fear!

I think "impossible to prove". Partner's friends and landlady will back up partner.

Marcon

Sadly, I think it's a case of move on in terms of the dismissal. The underpayment is a different issue and worth pursuing. Give ACAS's helpline a call if you need their (free) assistance: 0300 123 1100

Blatchford

Hmm... All true. But he could be incredibly annoying by putting in a tribunal claim on the basis of whistleblowing. He told his employer (because she was there at the time) that he could not and would not break the licensing laws. And the reason for his dismissal was telling his employer he would not break the law. It's a ridiculous stretch, I agree. It will never win at a tribunal. But it first has to go to ACAS for conciliation. And they are entirely likely to tell the employer that it would be cheaper to make an offer than go to tribunal. You might (will) loose the tribunal, but you are not being litigious - as a litigant in person you are pursuing the law as you understand it. And we are talking about clear and flagrant breaches of the law here - a great many of them if you list everything which could result in her losing her license. Cheaper and easier to settle. A guilty conscience about the fact that what your are saying is true, albeit she will deny it, also works wonders. Worth a punt, especially if she thinks this will end up in the hands of the police, the brewery, the press, HRMC and anyone else you can think of.

steampowered

Unfortunately, he can be dismissed as he doesn't have 2 years service.

However he should get paid the salary he is owed, plus his notice period.

Perhaps find another job first and get a reference in. Then your friend can ask for the unpaid money. If it isn't paid, simply issue a claim through the small claims system.

Les79

Blatchford wrote: »

Hmm... All true. But he could be incredibly annoying by putting in a tribunal claim on the basis of whistleblowing. He told his employer (because she was there at the time) that he could not and would not break the licensing laws. And the reason for his dismissal was telling his employer he would not break the law. It's a ridiculous stretch, I agree. It will never win at a tribunal. But it first has to go to ACAS for conciliation. And they are entirely likely to tell the employer that it would be cheaper to make an offer than go to tribunal. You might (will) loose the tribunal, but you are not being litigious - as a litigant in person you are pursuing the law as you understand it. And we are talking about clear and flagrant breaches of the law here - a great many of them if you list everything which could result in her losing her license. Cheaper and easier to settle. A guilty conscience about the fact that what your are saying is true, albeit she will deny it, also works wonders. Worth a punt, especially if she thinks this will end up in the hands of the police, the brewery, the press, HRMC and anyone else you can think of.

EDIT: OP, this sounds like a good idea. Maybe consider that as a possibility.