Employment problem

[maxinep]

Hi

Please can anyone advise?

I started a new job 2 weeks ago, the job was managing a pub as the previous management had been offered a new pub and were moving out.

I started the 1st week with them overlapping all was good, I started on my on a week later I was told that all was fine and my name was above the door last Thursday as the liecence holder.

I went into work yesterday to be told that I was not needed anymore as they had had a customer complain about my attitiude, and that I had not been doing enough hours!

Since starting I have been doing 40 to 45 hours a week, my contract states hours to suit business needs I have been asking what hours I should be doing and get told nothing.
Then I get told when its too late im expected to work 5 days with at least 12 hours each day!
Im on a set wage each week.

The people that orginally moved out are now back and staying in the pub, my feeling is that their new venture hasnt worked out and they are back as they are family members to the pub owner and that these reasons were excuses for me to go.

If i was doing do well last Thursday why all this in a space of 6 days!

I have signed a contract that says I should be given 2 weeks notice and I am on a 2 month trial, what are my options here?

They said they will pay me ny 2 weeks money that I have earnt thats all, I have tried to contact the pub owner as all this was said to me by his assistant, but he is not contacting me.

I gave up a good job to take this job and now im unemployed.

Do I have any rights?

[wales01man]

Re: Employment problem

Were you the DPS Of this pub?

[Amethyst]

Re: Employment problem

Did you have to go through any training/forms/cost etc to have your name put on the licence ?

[maxinep]

Re: Employment problem

Yes my name was put above the door, I already had my personal licence and I submitted the forms to the brewery to change the management

[Amethyst]

Re: Employment problem

Okay, so you need to tell them that you are no longer at that pub.

As you were on a two month trial period and have only been there two weeks there isn't a huge amount you can do.

The two weeks notice in your contract - was that applicable during your trial period ?

[wales01man]

Re: Employment problem

you submit to the local authority to become a DPS was this a holiday cover or something think you got conned as for redress cant see it ,
Why did you give up a good job to run a pub were you running one before?

[maxinep]

Re: Employment problem

The letter says see terms and conditions of employment and the contracts states 2 weeks notice is required.

I gave up my job which wasnt running a pub, to do this as this is always something I have wanted to do, I was told it was a permanent position, all I can think is that the new venture hasnt worked for the previous manager and he wants to come back into the pub and he is a family member of the land lord.

[Amethyst]

Re: Employment problem

Sadly, all you can do is argue for your 2 weeks notice pay. Did you have a disciplinary meeting or anything ?

[maxinep]

Re: Employment problem

No nothing, so I am entitled to an extra 2 weeks pay?

[Amethyst]

Re: Employment problem

If you weren't sacked for gross misconduct, which sounds unlilkely, then you are entitled to your notice period pay regardless of how long you have worked there as is this is what your contract provides for (going by what you have told us)

and tell the brewery/council etc about leaving so you can be taken off the pub licence etc (I'm a bit behind on pub legislations - walesman's more up on that)


Also if you had no disciplinary meeting etc then you may be able to sue for wrongful dismissal but would need to speak with ACAS ( all our Helpline on 08457 47 47 47 for free and confidential advice ) or a free half hour with an employment solicitor

Whilst an employee cannot claim unfair dismissal in the first year of service, which has now been increased to a two years qualifying period for employees starting on or after 6 April 2012, if you dismiss someone without going through a fair dismissal process an employee can claim wrongful dismissal, for which there is no length of service requirement. Wrongful dismissal occurs when an employer dismisses an employee in breach of the employer's contractual or statutory obligations, for example by failing to follow a contractual disciplinary / dismissal procedure or failure to give contractual notice. Employers can be required to pay damages for wrongful dismissal if taken to an employment tribunal.

Acas Code of Practice 1 - Disciplinary and grievance procedures - as for any matter of discipline.

They'd need to tell the employee of the allegations, investigate and establish the facts, give the employee an opportunity to respond and then to appeal. Without due process, the dismissal is likely to be regarded as unfair, or wrongful if it's in breach of contractual terms.

Employees - including those on a probationary period - are entitled to statutory notice of one week if they've been in continuous employment for one month up to two years. After that, it's two weeks' notice rising to a maximum of twelve weeks for each further complete year of continuous employment.

The statutory notices are overridden by your contract if it stated two weeks notice from day one that is what you are entitled to. So you can use the wrongful dismissal bits to argue for your two weeks notice pay.

[wales01man]

Re: Employment problem

Still asking if you were or applying to be DPS of this pub?

[charitynjw]

Re: Employment problem

In employment law, 'fair' does not mean in the moral sense; it is whether a correct procedure has been carried out.

Imho, if the notice payment is paid (either the s86 ERA , or the contractual one), as long as there is no discrimination issues, etc, there is little that can be done.

[maxinep]

Re: Employment problem

Hi

I was given a form from the brewery to change the licence to me, as a change in management my name was above the door, so I am thinking yes to DPS

[maxinep]

Re: Employment problem

So can someone please draft me a letter to send to the owner of the pub as he will not return any of my phone calls

[Amethyst]

Re: Employment problem

Do you have a copy of your contract there ? The letter will need to quote the section about trial period and notice (as the pay is only due under the contract thus you are claiming breach of contract - statutory wise you aren't entitled to any notice)