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Hello, I really hope that I will fins an answer here, I am about to take my ex employer to tribunal and would like to have an expert advice on my issue (if it's worth it or not), I am putting down a summary of my issue with my ex employer:
I joined the company in 2002, I have been assigned as a restaurant general manager of one of the branches in 2011 due the closure of one of other restaurant then that branch closed in 2016, the company decided to close 30 branches. I have been offered a New branch, I accepted, since I started with the company, I always performed, had regular pay rises, bonuses, gift vouchers and even trips, always achieved high scoring in my financial and health and safety audits, very low number to none of customer complaints.
On the 12th of September 2017, back from my annual leave, I have been informed of the new area manager, we attended a meeting with him that came to New restaurant to hear us, he spoke to every member of the staff, they expressed their concerns regarding team hours cut, but the main issue was the under performing kitchen which was causing us delays in serving guests which led to guests disappointment, high discounts and bad stock. The area manager promised to help and support us.
On the 29/ 10/ 2017, two members of the kitchen staff handed me their Leaving notices stating that their last day would be (12/ 11/ 2017), then they changed their minds and stayed, the kitchen manager again handed me a new leaving notice stating that his last day would be in the most important period of the year (24/ 12/ 2017), I accepted their notices to be able to recruit chefs with relevant experience. The area chef and the area manager came to New Restaurant to try to find solutions, and their solutions were to attribute extra hours to the kitchen team which led to my high labour cost. Then I have been questioned for the reason of it. After this last threat of leaving the area chef decided to reward the kitchen manager for non performing without any job review (pay rise from £9/h to £10.50/h), the area chef didn’t follow the procedure. The area chef split the restaurant and the team into two sections, an independent kitchen with its own rules, rota and spend, and a front of house which I was responsible for, I was completely excluded of taking any reasonable decisions or at least giving my opinion regarding the management of the kitchen.
On the 10/ 01/ 2018, I received an official letter from area manager , without discussing the issue informally, a first investigation meeting was held regarding the restaurant stock result and lack of kitchen controls that led to the stock result I explained to him and we talked about the issues. I kept asking for help and support the only thing that happened was adding another chef to the team (16/ 12/ 2017) but unfortunately the new chef wasn’t attending his full shifts (I can count the shift that he did attend), and getting paid for all shifts and claiming petty cash millage, whenever I talk about this issue to the area manager, he gets upset and talk to me in a inappropriate manners. I already mentioned to him informally that I didn’t appreciate the way that he speaks to me.
When he’s with members of his team, they do their best to constantly criticism me, intimidate me, harass my team members and shout at me, and when the area manager is by himself he turns very respectful, on our last business review the area manager made it clear that another manager will be managing the New branch and he will make sure that he will have ears and eyes, accused me of breaching health and safety in regards of 2 kitchen porters, I explained to him that my deputy manager and I spoke to them but as we had the feeling that they didn’t understand what we were saying as the 2 kitchen porters don’t speak English I appointed the kitchen manager who is trained and speak the mother tongue of them, they have been recruited without the English language or following the Acas guiding in regards the recruitment procedure
The area chef recruits people and impose them to me under pretext he has the authority, I followed HSE procedure of appointing a staff member to do the risk assessment for them but he breached the trust by not completing the task, I took an informal action about that by discussing and chasing them to do their flow, but at the end every employee is responsible to follow the training as it has been sent to them and clear in the company policy and HSE regulation, I didn’t put them at risk as they didn’t work as chefs, they spent all the month washing plates by hands because of not having a dish washer since 29/ 01/ 2018 until 15/ 03/ 2018, he questioned the restaurant’s performance, I have been honest by saying the staff moral wasn’t there, people started leaving, the constant harassment and highlighting only the issues without presenting any solutions, when I tried to show him my action plan, he didn’t even have a look at them and I have been told your notes won’t fix anything, I believe I haven’t been given an equal opportunity as my kitchen manager, the area manager expressed his love for him even telling him ( you are a crap manager but I love you) and me was suspended straight away, I received a call from an ex employee asking me if I have been dismissed, I said (no) he said he received calls telling him that I was sacked and is not the manager anymore, it looks that the decision has been taken even before I get the chance to go to my disciplinary meeting.
I have been invited to a disciplinary meeting on the 22rd of March 2018, the accusation were:
The outcome of the disciplinary was:
I sent my Grievance to the CEO and HR, it included the following complaints:
1. Bullying, Harassment, intimidation from area manager and his team.
2. Not getting any support from the area manager and area chefs and ignoring my requests and calls.
3. The area manager jeopardized my performance, whenever I try to fix the situation I find obstacles (in most of my shifts I work as a waiter to reduce the labour cost, I work as a chef when the kitchen starts crushing to avoid any complaints, I work a cleaner to encourage the kitchen team to keep high standard of cleanliness, then I am being questioned on my general management duty).
4. Breach of health and safety in-regards of my team whilst in holidays (my team called the area manager to let him know about the risks of having a flooded kitchen, no hot water, no heating and no dish washer he just asked them to keep the restaurant open and work as usual).
5. Breach of trust from the kitchen manager, who failed to complete his tasks.
6. Accusing me of forging risk assessment (if I really wanted to do so, I would ask the employees to sign them without a real training as I was aware of the language barrier I didn’t take advantage of that as I am aware of the real risk for employees, I just got the document ready for the kitchen manager so they have the chance to have a proper training.
I was booked, for the 27th of March 2018 to Grievance hearing meeting, on that meeting, the HR was focusing on the credibility of my complaints and evidences, I have been asked several times if I wanted to carry on, I was on Dr.’s non fit note that time (stress due to all the harassment, bullying and intimidation that I went through), I dropped my grievance, as she insisted that the relationship might deteriorate if I keep it, on the (15/01/2019, I read again my grievance notes I am sure that they didn’t take notes properly, they put only things that they wanted, I feel that I have been fouled).
Once back to work, everything went well, the area manager became very friendly, talking to me politely, he assigned a new chef as a kitchen manager, then he left the company, I was told he left giving his notice.
In July, in less than 5 days, I had 3 audits that I succeeded all, NSF scored 98%, Financial audit 80%, Stock audit 80%.
In August, before my annual leave, I received a call from the area manager covering that time, asking about my colleague deputy manager , I let him know that the area manager was looking to talk to him, he told me that she asked him if the ex area manger promised him a pay rise, if he was paid by petty cash and if he had any material proofs, my deputy manager told me that he was promised a pay rise, he was paid with petty cash and had online transaction, to cover the situation, they authorized the pay rise from £28k to £29k in October, my deputy manager wasn’t the only person that got his salary topped up by claiming petty cash, other managers were involved, I understood that I was targeted because I refused to pay a chef for the hours that he didn’t attend, I refused to give petty cash that they were claiming in my restaurant, they only took the money when I was off but once there I was refusing to pay things that don’t have anything to do with New branch, I have been targeted because I didn’t want to cooperate with their business, I asked for a pay rise in my business but was declined (reason I wasn’t performing), but to cover their mistakes the deputy manager received his pay rise without business review, only with the proofs that he has.
I had 2 PIP reviews with that area manager (July and September 2018), she highlighted the issue in the BOH, the biggest issues in the restaurant is the kitchen.
In October, the area manager left, we’ve been without area manager, the operation area manager took over the area for few months, he sent a General manager to audit the standard at New branch , we were scored 39%, he called me to arrange a meeting with all management team, we met him in October, he asked all my team about marking themselves, then asked them to leave and asked me, I told him 7/10, he said no, if you say 0/10 I would agree with you, I asked him about an incentive that my team and I won (the first prize £500 for team party and ipad), he said that he cancelled it because we were underperforming, and my only worry is the cash, like I wasn’t doing my job and asking about the money, the way he speaks to me or emails me is very harsh, he tries his best to denigrate my work, all that because he is a close friend to the ex area manager I didn’t mean to jump him when sending my grievance to the CEO I just wanted someone neutral to deal with my issue.
After that, every audit result looked the same, whatever my team and I do, we will score between 39 and 41%, we are scored 0 even on things that we actioned on Pronet and waiting for approval or waiting to be done by a professional, example: the neon sign on the top the restaurant, one of the letter is not lighting, I have been scored 0 for, I asked an engineer to fix it, I waited for few weeks then called the company to chaise them, I have been given a reference that the op’s manager cancelled the order), other example (missing tiles in the kitchen, I have been scored 0 but when I asked to be fixed they didn’t approve my order so a supervisor working with me did it himself), I am scored on thing that I action but I don’t get the approval to fix. I am scored 0 on things that I don’t have control on like cleaning the outside no cigarette butt should be on the ground, we do it every morning but by the afternoon, it is normal to find things, I am scored on every tiny corner of the restaurant.
In the November 2018 the restaurant was ranked 98/250 in the company then moved to 55/250 in early January 2019, for an underperforming team, the restaurant progressed well in 2 months time.
26th, 27th, 28th of December 2018 I worked without chef and kitchen manager, I run the FOH and BOH by my own, I cooked in the kitchen without even being trained, I didn’t want to let down my team and don’t serve customers, we had 0 complaints we had only one shift covered from another restaurant then begged for more help, nothing happened.
Every Monday morning, we are asked to report the labour by 9 o’clock, the stock by 11 o’clock, on the 31st of January 2018, my shift started at 7 am, I started completing my tasks, reporting labour, helping KM counting stock, moving the fridges to clean behind, talking to the area manager, then by 11:30 I received an urgent call I left in the middle of checking the food’s dates, I received a call from my deputy informing me that the area manager came to perform an audit, he told me that he found out of date ham (expired 1 day), and food not been labeled, I explained that I was in the middle of checking when I had to leave. Food labeling dates in the duty of the kitchen manager (he breached his contract).
On the 4th of January 2019, I received an invite for my PIP review for the 8th, once there they said it wasn’t a review it was actually an investigation, we went through everything, he accused me about lying to the company that I didn’t report correctly the hours when I left the restaurant on the 31st, which I didn’t I put those 2 hours as 2h break, at the end of the investigation I signed 2 pages under protest, I didn’t agree on the scoring, the HR got upset took the documents from me and said “Why” I explained again that I didn’t agree, I don’t sign something I don’t agree on, she put “refused to sign”, on the 9th they sent me a disciplinary invite for the 14th , I attended on the 14th , I explained that I was targeted, I was dismissed with my full notice and 7 days to appeal to op’s manager, I appealed their decision and it was negative, ACAS contacted them as well they refused to cooperate or negotiate, I am thinking taking them to tribunal but need a professional opinion first.
Many thanks
I joined the company in 2002, I have been assigned as a restaurant general manager of one of the branches in 2011 due the closure of one of other restaurant then that branch closed in 2016, the company decided to close 30 branches. I have been offered a New branch, I accepted, since I started with the company, I always performed, had regular pay rises, bonuses, gift vouchers and even trips, always achieved high scoring in my financial and health and safety audits, very low number to none of customer complaints.
On the 12th of September 2017, back from my annual leave, I have been informed of the new area manager, we attended a meeting with him that came to New restaurant to hear us, he spoke to every member of the staff, they expressed their concerns regarding team hours cut, but the main issue was the under performing kitchen which was causing us delays in serving guests which led to guests disappointment, high discounts and bad stock. The area manager promised to help and support us.
On the 29/ 10/ 2017, two members of the kitchen staff handed me their Leaving notices stating that their last day would be (12/ 11/ 2017), then they changed their minds and stayed, the kitchen manager again handed me a new leaving notice stating that his last day would be in the most important period of the year (24/ 12/ 2017), I accepted their notices to be able to recruit chefs with relevant experience. The area chef and the area manager came to New Restaurant to try to find solutions, and their solutions were to attribute extra hours to the kitchen team which led to my high labour cost. Then I have been questioned for the reason of it. After this last threat of leaving the area chef decided to reward the kitchen manager for non performing without any job review (pay rise from £9/h to £10.50/h), the area chef didn’t follow the procedure. The area chef split the restaurant and the team into two sections, an independent kitchen with its own rules, rota and spend, and a front of house which I was responsible for, I was completely excluded of taking any reasonable decisions or at least giving my opinion regarding the management of the kitchen.
On the 10/ 01/ 2018, I received an official letter from area manager , without discussing the issue informally, a first investigation meeting was held regarding the restaurant stock result and lack of kitchen controls that led to the stock result I explained to him and we talked about the issues. I kept asking for help and support the only thing that happened was adding another chef to the team (16/ 12/ 2017) but unfortunately the new chef wasn’t attending his full shifts (I can count the shift that he did attend), and getting paid for all shifts and claiming petty cash millage, whenever I talk about this issue to the area manager, he gets upset and talk to me in a inappropriate manners. I already mentioned to him informally that I didn’t appreciate the way that he speaks to me.
When he’s with members of his team, they do their best to constantly criticism me, intimidate me, harass my team members and shout at me, and when the area manager is by himself he turns very respectful, on our last business review the area manager made it clear that another manager will be managing the New branch and he will make sure that he will have ears and eyes, accused me of breaching health and safety in regards of 2 kitchen porters, I explained to him that my deputy manager and I spoke to them but as we had the feeling that they didn’t understand what we were saying as the 2 kitchen porters don’t speak English I appointed the kitchen manager who is trained and speak the mother tongue of them, they have been recruited without the English language or following the Acas guiding in regards the recruitment procedure
The area chef recruits people and impose them to me under pretext he has the authority, I followed HSE procedure of appointing a staff member to do the risk assessment for them but he breached the trust by not completing the task, I took an informal action about that by discussing and chasing them to do their flow, but at the end every employee is responsible to follow the training as it has been sent to them and clear in the company policy and HSE regulation, I didn’t put them at risk as they didn’t work as chefs, they spent all the month washing plates by hands because of not having a dish washer since 29/ 01/ 2018 until 15/ 03/ 2018, he questioned the restaurant’s performance, I have been honest by saying the staff moral wasn’t there, people started leaving, the constant harassment and highlighting only the issues without presenting any solutions, when I tried to show him my action plan, he didn’t even have a look at them and I have been told your notes won’t fix anything, I believe I haven’t been given an equal opportunity as my kitchen manager, the area manager expressed his love for him even telling him ( you are a crap manager but I love you) and me was suspended straight away, I received a call from an ex employee asking me if I have been dismissed, I said (no) he said he received calls telling him that I was sacked and is not the manager anymore, it looks that the decision has been taken even before I get the chance to go to my disciplinary meeting.
I have been invited to a disciplinary meeting on the 22rd of March 2018, the accusation were:
- Poor performance in regards to labour control, stock control and cleanliness of the restaurant.
- Serious breach of food safety, in regards to out of date food items found on a number of occasion including the following dates: 21/ 02/ 2018 (I was off work) and the 12/ 03/ 2018 next day of mother’s day where we were put in a very difficult situation (1 of the chefs called sick, but in reality was set to cover in another branch, the area manager offered her more money, picked her up from home, received money in cash (£100) as told by a colleague, she was told the aim for you working there is to crash Djamel and helping the brother of the operation manager who was a general manager that time, I had an accident at work, we had a flooded kitchen, I fell on my back I have a witness my aim was never to claim money from the company, for me I was supporting my team)
- Forgery of risk assessments for the above two chefs
- Breach of trust and confidence between Employer and employee.
The outcome of the disciplinary was:
- Final written warning in regards breach of health and safety and food safety, any further repeat of this can lead to further disciplinary action being taken against you including and up to your dismissal from the company.
- First written warning for poor performance
- PIP
I sent my Grievance to the CEO and HR, it included the following complaints:
1. Bullying, Harassment, intimidation from area manager and his team.
2. Not getting any support from the area manager and area chefs and ignoring my requests and calls.
3. The area manager jeopardized my performance, whenever I try to fix the situation I find obstacles (in most of my shifts I work as a waiter to reduce the labour cost, I work as a chef when the kitchen starts crushing to avoid any complaints, I work a cleaner to encourage the kitchen team to keep high standard of cleanliness, then I am being questioned on my general management duty).
4. Breach of health and safety in-regards of my team whilst in holidays (my team called the area manager to let him know about the risks of having a flooded kitchen, no hot water, no heating and no dish washer he just asked them to keep the restaurant open and work as usual).
5. Breach of trust from the kitchen manager, who failed to complete his tasks.
6. Accusing me of forging risk assessment (if I really wanted to do so, I would ask the employees to sign them without a real training as I was aware of the language barrier I didn’t take advantage of that as I am aware of the real risk for employees, I just got the document ready for the kitchen manager so they have the chance to have a proper training.
I was booked, for the 27th of March 2018 to Grievance hearing meeting, on that meeting, the HR was focusing on the credibility of my complaints and evidences, I have been asked several times if I wanted to carry on, I was on Dr.’s non fit note that time (stress due to all the harassment, bullying and intimidation that I went through), I dropped my grievance, as she insisted that the relationship might deteriorate if I keep it, on the (15/01/2019, I read again my grievance notes I am sure that they didn’t take notes properly, they put only things that they wanted, I feel that I have been fouled).
Once back to work, everything went well, the area manager became very friendly, talking to me politely, he assigned a new chef as a kitchen manager, then he left the company, I was told he left giving his notice.
In July, in less than 5 days, I had 3 audits that I succeeded all, NSF scored 98%, Financial audit 80%, Stock audit 80%.
In August, before my annual leave, I received a call from the area manager covering that time, asking about my colleague deputy manager , I let him know that the area manager was looking to talk to him, he told me that she asked him if the ex area manger promised him a pay rise, if he was paid by petty cash and if he had any material proofs, my deputy manager told me that he was promised a pay rise, he was paid with petty cash and had online transaction, to cover the situation, they authorized the pay rise from £28k to £29k in October, my deputy manager wasn’t the only person that got his salary topped up by claiming petty cash, other managers were involved, I understood that I was targeted because I refused to pay a chef for the hours that he didn’t attend, I refused to give petty cash that they were claiming in my restaurant, they only took the money when I was off but once there I was refusing to pay things that don’t have anything to do with New branch, I have been targeted because I didn’t want to cooperate with their business, I asked for a pay rise in my business but was declined (reason I wasn’t performing), but to cover their mistakes the deputy manager received his pay rise without business review, only with the proofs that he has.
I had 2 PIP reviews with that area manager (July and September 2018), she highlighted the issue in the BOH, the biggest issues in the restaurant is the kitchen.
In October, the area manager left, we’ve been without area manager, the operation area manager took over the area for few months, he sent a General manager to audit the standard at New branch , we were scored 39%, he called me to arrange a meeting with all management team, we met him in October, he asked all my team about marking themselves, then asked them to leave and asked me, I told him 7/10, he said no, if you say 0/10 I would agree with you, I asked him about an incentive that my team and I won (the first prize £500 for team party and ipad), he said that he cancelled it because we were underperforming, and my only worry is the cash, like I wasn’t doing my job and asking about the money, the way he speaks to me or emails me is very harsh, he tries his best to denigrate my work, all that because he is a close friend to the ex area manager I didn’t mean to jump him when sending my grievance to the CEO I just wanted someone neutral to deal with my issue.
After that, every audit result looked the same, whatever my team and I do, we will score between 39 and 41%, we are scored 0 even on things that we actioned on Pronet and waiting for approval or waiting to be done by a professional, example: the neon sign on the top the restaurant, one of the letter is not lighting, I have been scored 0 for, I asked an engineer to fix it, I waited for few weeks then called the company to chaise them, I have been given a reference that the op’s manager cancelled the order), other example (missing tiles in the kitchen, I have been scored 0 but when I asked to be fixed they didn’t approve my order so a supervisor working with me did it himself), I am scored on thing that I action but I don’t get the approval to fix. I am scored 0 on things that I don’t have control on like cleaning the outside no cigarette butt should be on the ground, we do it every morning but by the afternoon, it is normal to find things, I am scored on every tiny corner of the restaurant.
In the November 2018 the restaurant was ranked 98/250 in the company then moved to 55/250 in early January 2019, for an underperforming team, the restaurant progressed well in 2 months time.
26th, 27th, 28th of December 2018 I worked without chef and kitchen manager, I run the FOH and BOH by my own, I cooked in the kitchen without even being trained, I didn’t want to let down my team and don’t serve customers, we had 0 complaints we had only one shift covered from another restaurant then begged for more help, nothing happened.
Every Monday morning, we are asked to report the labour by 9 o’clock, the stock by 11 o’clock, on the 31st of January 2018, my shift started at 7 am, I started completing my tasks, reporting labour, helping KM counting stock, moving the fridges to clean behind, talking to the area manager, then by 11:30 I received an urgent call I left in the middle of checking the food’s dates, I received a call from my deputy informing me that the area manager came to perform an audit, he told me that he found out of date ham (expired 1 day), and food not been labeled, I explained that I was in the middle of checking when I had to leave. Food labeling dates in the duty of the kitchen manager (he breached his contract).
On the 4th of January 2019, I received an invite for my PIP review for the 8th, once there they said it wasn’t a review it was actually an investigation, we went through everything, he accused me about lying to the company that I didn’t report correctly the hours when I left the restaurant on the 31st, which I didn’t I put those 2 hours as 2h break, at the end of the investigation I signed 2 pages under protest, I didn’t agree on the scoring, the HR got upset took the documents from me and said “Why” I explained again that I didn’t agree, I don’t sign something I don’t agree on, she put “refused to sign”, on the 9th they sent me a disciplinary invite for the 14th , I attended on the 14th , I explained that I was targeted, I was dismissed with my full notice and 7 days to appeal to op’s manager, I appealed their decision and it was negative, ACAS contacted them as well they refused to cooperate or negotiate, I am thinking taking them to tribunal but need a professional opinion first.
Many thanks
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