Is this unfair dismissal?

Hey, I really need some legal advice.

I have been working in this pub now since October 2008 - so just over a year now.

I started work (as normal) on a Monday night (7pm-11:30)

I'm set to start closing the pub down at 11pm, as instructed.

What made this evening different though is how dead it was! I literally served under 10 people from the start of my shift, and I had been on the phone to my friend since around 9pm bored out of my mind! I had pretty much done everything as far as locking down is concerned, I was just waiting till 11pm, but my friend said I may aswell just close the pub down (save electricity and get off early) I thought "doesent sound a bad idea!" and listened to him.

The next day, my boss calls me up and sacks me for it! No warning at all... I explained I wouldnt do it again, but that wasant good enough. The thing is, I have so much dirt on him its unreal, this is how bad he runs this pub.

1. I work on my own during weekday nights, nobody else in the pub, just me (im 19) - surely that isnt legal?
2. The phone cant be used because he hasant paid the bill (so if something happened, I couldnt get in contact)
3. He does not live upstairs anymore, but 5 minute drive from the pub.
4. He hasant trained me in the slightest, I picked it all up on my own.
5. He got fined a few weeks back Â£1000 because some girl served some cronies with the cops (but she didnt get fired, well she wouldnt, coz she was lying to the police about him giving her training, in which he didnt)
6. I found a steak in the fridge (use by date 7th Jan) - it was the 13th when I saw this!!

I mean, how can he have a problem with me locking up a hour early with all this?

I need some legal advice, I want compensation for this absolute joke of a job, and how much of a rubbish landlord and boss he was to me!

Pat

This section is for questions about CAREERS AND EMPLOYMENT IN THE LEGAL FIELD.
It is not for personal legal questions.,

fengirl2

Whether the sacking was fair or not, your employer is at fault for not going through a proper dismissal procedure - he cannot just sack you on the spot. A process of hearings has to be gone through. Failure to carry out a proper procedure means you have a case at ET and you should look at the ACAS website and Employment Tribunals websire for more info. Failure to follow procedures is quite separate from whether or not the dismissal was unfair.

johncob

You are in the wrong place to get the level of advice you need, I would not even attempt to answer your Q.
However,
Start Here:
http://en.wikipedia.org/wiki/Industrial_Tribunal
Have a look here:
http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/Employmenttribunals/DG_10028122
Try this:
Talk to the Citizens Advice Bureau, I think they may put you onto a Solicitor who is experienced and (thinks) first 1/2 hour is for free.
Good Luck,

sneckles

You can take him to an employment tribunal

http://www.employmenttribunals.gov.uk/

chevvyl

You are wrong. The pub is not your business, and you did not get your employer`s permission to close. Why not take this episode in your life as a learning experience. Next job, you ask a few questions. Is there training/a contract/ hours of working/ wages/days off. One more thing, never be complacent in the work place. You are the employee, not the employer. As for the out of date steak, sounds more like sour grapes to me.

Fairfax

You deserve to be sacked. You should not have been on the phone to your friend in the first place. Dishing the dirt on your boss isn't very nice either and wont help you anyway.

Danielle

You could attempt to get unfair dismissal on this case but it would prove very difficult and I doubt you would win.
The only thing your boss may have done wrong was to not go through the proper disciplinary procedure.
By closing the pub early without your bosses prior permission, I'm assuming he classed what you did as gross misconduct.
If a tribunal agreed with your boss that it was gross misconduct then he had the right to sack you on the spot. If they decided it was just misconduct then you may receive a couple of hundred pound as for just misconduct you should have been suspended while the incident was looked into then had a disciplinary hearing.

As for your 'dirt' on him,
1. It is very legal for a person over 18 to work on their own behind a bar.

2. There should be a working phone in-case of emergencies but he would probably get away with this as most pubs have a pay phone which u could use and also it is quite obvious you have a mobile phone you could use as you state you were on the phone to your friend (you can phone emergency services without any credit).

3. It is not a requirement for the landlord to live above the premises, it is a convenience. He can live wherever he likes.

4.You don't need any legal training to work behind a bar, if you can pull a pint then job done.

5. Serving someone underage is not gross missconduct, if it was then most shops wouldn't have any staff left. The correct procedure is to give the person a warning about it and make sure they check i.d in future. If they make the same mistake again then they should get the fine themselves aswell as the premises.

6. It doesn't matter about the steak being out of date. Unless you have photographic evidence that the steak was there on the 13th with a date on saying the 7th and it wasn't in any sealed packaging or container then there's nothing you can do about it.

It sounds to me like bar work isn't the right career choice for you. Anyone who works or worked in a pub knows it can be mind numbingly boring at times but you have to stick it out till the end of your shift.
If I can pick this much out of what you have written then I dread to think what a tribunal would do with the full story. if I where you I would cut your losses and find a new job. I doubt wether a solicitor would even take on your case to be honest.

not in my yard

This pub sounds like a dump, get advice from the citizens advice bureau.

Chunky

I,ve worked in the pub trade for years, my advice is just to leave it. First.... you want compensation.. for what? you were sacked for closing the pub early when you didn't have permission from your boss, it doesn't matter if it was quiet and slow, it wasn't up to you or your friend. Second..... All the other stuff you mentioned can be put down to hearsay or sour grapes on your part, nothing can really be proved. Three.... as for the training, can you prove beyond a doubt you didn't get training on the job, it's not illegal to be a bad or rubbish boss and one out of date steak in the fridge isn't going to get him done is it... at the most a bollocking from health and safety... if it's still there.. if not it's your word against his. You don't have a leg to stand on so hold your head up high, smile and get over it. I'm not being harsh just realistic. Good luck

champer

I'm afraid I agree with the other answers so far. You disobeyed instructions in closing early - you were employed to keep the pub open until the agreed time, not to spend your time on the phone to your friend and take his advice. You may want to speak to ACAS about this, but I don't hold out much hope for you.

I would seek a second opinion, but i dont think you will get far because, Your friend who told you to close early is not your boss, you are supposed to keep the pub open till closing time, you didn't.

takkaz23

sounds like your fault..hes the boss...you closed early....that said....he sounds like an absolute ****...let the health dept know about the food,,but you will need proof... however.if your looking for compo,(again) you need proof..or its hes word against yours...id take it as a lesson learned the hard way,learn from it,,and get on with it,,,if enough people report things like this to the right authorities..eventually, some thing will be done...good luck

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