Unfair Dismissal?

[chin85]

I work behind a bar. On Saturday I poured the wrong drink (a vodka and lemonade) by mistake, so I left it on the side. The head chef of the pub was at the bar and was buying a drink for the landlady, knowing that she was drinking vodka and coke I said to the chef "I poured this by mistake earlier, do you just want this instead?".

The assistant manager intervened and said "Don't do that". At the end of my shift the landlady and assistant sat me down to explain that I have been suspended from work and should come for a meeting on Monday. I tried explaining that the drink was only going to be poured away anyway and it was for the headchef who was buying it for her. I understand that you can't go round giving out free drinks, this is the real world where people shouldn't be making such a fuss over 25ml of liquid, especially as it was for the woman who is in charge of the pub. Fair enough if I was going around giving free bottles of champagne to customers, but surely she should have used some common sense?

I came in for the meeting today and she said "whichever way you look at it, it is misuse of stock, so I am terminating your employement." Is there anything I can do? It's not like anyone even got a free drink out of it. Had I given the drink to someone I would have gladly paid for it if someone had explained that isn't what we do, even though every other person behind the bar usually drinks the ones they make by mistake.

The new management team have only been at the pub for two weeks, so I'm guessing they just want to clear people out and bring their own staff in. What action do you think I should take?

Thanks.

[vicalncraig]

In short she's right. I should think a tribuneral would find 90% in your favour however; hope you have a witness to substaniate your claims...saw you pour it, saw you set it aside etc.......even if you don't you might still have a case, as going by the information given the result far out weighed your mistake. Also can you show presidence....ie has this been a normal course of action if there have been similar circumstances. Good Luck

[Postdog]

From what I've read on here unfair dismissal only applies - or to be exact, stands a chance of applying, if you've been employed for more than a year. Less than that, you'll have to swallow.

If they have been there for less than two weeks, maybe you can appeal to them saying what you did was the norm before they arrived.

[saxy_jag]

I think you were very foolish, but the boss is going a little OTT in sacking you.

In retrospect, the best thing to do would have been to leave it out of the way, then explain at the end of the shift and make an offer of payment.

I think the main problem isn't so much one of 'misuse of stock', but more to do with health and hygiene regs, for which the place can be shut down without notice. The drink had been left out and the person you offered to sell it to hadn't seen it poured, so had no idea what was in it (double, treble or whatever). The head chef he may be, but at that time he was a customer and should have been treated as one. I'm very familiar with the bar staff at the place I drink at, and I get a generous discount, but offering me a pre-poured drink is something they never do.

[chin85]

I don't think I was being very foolish. I've only been at the job for six weeks and whenever anyone else has poured a wrong drink they either drink it themselves, offer it to me or pour it away. So as far as I knew it was an ok thing to do. It would have made sense to tell me that wasn't how it worked, rather than sacking me without giving me a warning first.

They were just trying to get rid of me to bring their own people it, so I think it's very petty. It's a shame that people like that have the power to take away other people's ability to pay rent and buy food.

[mrs_bowie]

surly you should of had a formal warning before been sacked?

[Everhelpful]

Count yourself lucky you are out of a place like that!!!!!!!!!!!!!!!!!!!

[saxy_jag]

Yes, someone should have told you that it wasn't the done thing, and that someone should have been a manager or a supervisor, especially as you're new to the trade. Don't assume that something's OK just because other people do it. I guess that's a mistake you're not going to make again. I've been there myself and I can assure you there's no shame in it.

However, it does seem as though you've been made the scapegoat. Could be they're holding you up as an example because you're the newest and therefore most expendable member of staff. That's totally unfair, and I think you should have received a warning in the first instance, although they may be able to get away with it if you were still serving any probationary period of employment - check the dates carefully.

Also, if they had made it clear that you were about to undergo a disciplinary meeting, they should have also made it clear that you could have had a representative (not necessarily union) present to support you.

Start getting your facts together, see if you can round up a few witnesses/supporters and get down to the tribunal office, because I think your bosses are taking the p*ss.

Dare you name the pub/chain? Then we can all boycott them.

[badgerchops]

i would suggest writing to the company and state that as you feel the matter in question was not gross misconduct that at the most it would be a matter for the Company disciplinary procedure. State that you are entitled to 3 stages within a disciplinary procedure

1. verbal warning
2. 1st written warning
3. Final written warning

As this steps have not been followed you wholeheartledly dispute the reason for the termination of your employment.

DONT give up as they are in the wrong

copy the letter to the landlady, human resources at head office and the company secretary at head office. Scare them a little

[cascarelli]

Dont waste your time.....as was said by Postdog early on, you have to have been employed for a year before you can claim unfair dismissal. The only grounds for making a claim would be on discrimination (i.e. racial, sex etc) grounds and that doesnt sound valid in this case. You can be sacked in the first year without being given a reason so long as its not discriminatory. Your employer must however keep to the terms of your contract of employment as to notice period etc.

[Catso]

I think the management have gone a bit over the top here. Yes, you were in the wrong, on a couple of issues, but being new to the role, any reasonable person would have given you the benefit of the doubt and just said �make sure you don�t do it again�.

Misuse of stock (IE stealing) is gross misconduct, and would get you sacked, without any prior warnings, but I don�t think you have gone so far as �misuse of stock� in the sense your employer means it. Your pouring it was a simple mistake; you shouldn�t then have offered it for �sale�, to anyone, but if what you say is true, there was no prior intention to �steal� the drink, nor defraud your employer, and this is the crucial point

You can�t start a formal unfair dismissal claim, but if you want to keep your job � and remember there will be some bad feelings, both ways now � write to your manager. State the case as you see it, admit you made mistakes, say you feel their response was a bit over the top for what was a genuine mistake, combined with not actually being told what you should do in these circumstances, and ask for a second chance. If that fails, and you wish to persist, if the pub is a managed one, write to the area manager, with copies of your original letter and any response. I would doubt they would reverse the decision, but if your manager has a history of dubious dismissals, your case may be added to the manager�s file and might help someone in any future, similar case.

To be honest though, I think you'll just have to put it down being in the wrong place at the wrong time, and move on. Annoying - yes, but don't let it get to you. Lots of people have downers like this happen in their careers.

[douch007]

I think Everhelpful is right, it sounds like your better off not working there if they're going to be like that.

I have worked in a number of pubs and have found the best ones to work in are the local pubs that aren't part of a chain. Even with only 6 weeks experience you shouldn't have any problems getting more bar work.

[Catso]

But a reference may be. And "Reason for leaving?"

[douch007]

I think most local pubs would laugh when he told them his reason for leaving.