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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44900
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have the following issues with my employer, a pub chain,

Customer Question

I have the following issues with my employer, a pub chain, and would be very grateful if you could give me some advice. I am leaving this job tomorrow and need to know if there is anything I need to do before I leave and/or if i have a case worth putting against them, and if i could sue for damages?

- I have averaged 51 hours a week for the last 17 weeks. My employer does not give me the option to work less hours and I wasn't aware of any law (38 hours) until i looked it up. I did not sign any max hour opt out agreement.

- I have some serious health and safety concerns regarding the way in which food and beverage is handled at the premises. (weekly beer line cleans being carried out every 3 MONTHS, old food, poor storage, mould)

- I have witnessed managers stealing money from the till. Delivery mistakes are not declared and the money from these goods pocketed by the managers. (thousands a week)

- I have witnessed managers pocketing tips left for waiters and waitresses.

- The General manager employs two family members that do not even work. Hence everyone having to do doubles and illegal hours to make up for the shortfall.

- The management team deliberately employ foreign workers as they are not aware of the laws here like I was when i first arrived in the UK from Spain. This has created an extremely oppressive environment where employees are literally treated and working like animals.

- I have image proof, documentation as well as witnesses for all of these issues.

Thank you in advance.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What is your specific question ?

JACUSTOMER-43zbwn0w- :

Hi There

JACUSTOMER-43zbwn0w- :

I want to know my next steps

JACUSTOMER-43zbwn0w- :

As i am about to leave my job because of the unfair treatment and illegal activities that are happening

JACUSTOMER-43zbwn0w- :

?

JACUSTOMER-43zbwn0w- :

Hello?

JACUSTOMER-43zbwn0w- :

?

Ben Jones :

Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice. Please confirm how long you have worked there for?

JACUSTOMER-43zbwn0w- :

Hi there. I have worked there 1 year 2 months

Ben Jones :

Thank you. The main claim that you would have been able to do would be for constructive dismissal, where you are forced to resign due to your employer's breach of contract. However, to pursue such a claim you need to have at least 2 years' continuous service, which you don't, so unfortunately you cannot make that claim in your circumstances.


 


So even if you were witness to these illegal practices and felt that you were forced to resign as a result, the only claim you could have made would have been for constructive dismissal, which you are not able to pursue.


 


In terms of the hours you were asked to work, it is indeed true that an employee can only be asked to work a maximum of an average of 48 hours per week, calculated over a 17-week reference period. That is unless you have opted out of this time limit.


 


Failure to take reasonable steps to comply with the limits on working time means the employer will be committing an offence. They could then be liable to prosecution and a fine. However, it will not provide any compensation to you and it simply means the Government can fine the employer and it will keep the money, it will not pay you any compensation.


 


So considering the fact you cannot make a claim for unfair dismissal, your only option is to report the employer for breaching the Working Tine Regulations and they could be fined if necessary.

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

JACUSTOMER-43zbwn0w- :

Hi Ben thanks for your answer. What about the stolen too money from tables?

JACUSTOMER-43zbwn0w- :

Also I know you had internet connection problems but I have paid a premium service of urgency. Is there anyway this could be altered as my question wasn't answered as quick as I see others were.

JACUSTOMER-43zbwn0w- :

In terms of whistle blowing how would you advise we carry this out?

Ben Jones :

Stealing money from the tables can be a criminal offence and this is something covered by whistleblowing. However, you cannot just make a whistleblowing disclosure unless it was in the public interest - if it is not then it would not qualify. To make such a disclosure you need to either follow any whistleblowing procedure and if one does not exist then you need to report this to the employer, for example a manager you can trust.


 


If you wish to reduce the value of your question just let me know on here and I will pass it on to customer services.

JACUSTOMER-43zbwn0w- :

Thank you for your help. Yes could you speak to customer service about reducing the price due to urgency

JACUSTOMER-43zbwn0w- :

Hi Ben,

JACUSTOMER-43zbwn0w- :

Its been a while now has this been passed on?

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