1/ Is it gross misconduct? I dod not steal etc
2/ Have I any grounds to claim compensation as I have lost potential income of £3,500 for 5 years and at this time of austerity it is a fair some of money?
3/ Have i been victimised the girls always worked with me to the end of the night the current bar manager finished around 7pm, to my knowledge I did nothing to get them to club against me and think the statements about "losing the girls" is the bar managers words and not theirs?
4/ I am in work partially retired and have a smalll pension, can or could I get legal aid?
5/ Have I got grounds for an appeal and should I take my case to the employment tribunal, which I have to appeal to by 13th March?
For Ben Jones only,
1/ There was no investigation, I started work on Thursday 13th December at 6pm, I was casually advised by the Bar Manager (BM) that we were meeting with the Exec i.e, the President (P) and Vice President (VP) of the Rugby Club later. At 7pm he disappeared and they met.
I was behind the bar and the P & VP came up to the counter, the BM appeared back behind me in the bar.
Here is a summary of what was said on the night as I wrote it down that night.
P - Well how are things going?
Me - I am learning a lot of thngs from the BM but still have a lt to learn about what happens at the club.
P - How many were working behind the bar last Saturday?
Me - I replied 5. (no other questions about that Saturday)
P - What about the night the gas went off?
Me - All the staff have been trained to do the duties of a bar person, I expected everybody to be able to do all the duties including changing a gas cylinder.
BM - piped up, there just we lassies!
P - We can afford to lose you but not the lassies (a statement i had heard from the BM before.
Me - I said along the lines you can move with the times or stick with the old.
P - We want you to resign
Me - I have no intentions of resigning
P - Well, whats the next steps then?
Me - Jokingly I said you could fire me
P - Well your fired then! he offered me his hand, which I shook and he said "I hope this doesn't affect the things you do for the club and the committee!
Me - replying as I walked out of club, well I need to think about that.
With regards XXXXX XXXXX points above, there was no investigation, there were no grounds for instant dismissal, so I don't think the above requirements were satisfied.
As this has left a sour taste in my mouth, I have no intentions of returning to the club to work.
Question, can I appeal direct to the tribunal and miss out appealing to the club?
Ben they only advised me of the reasons in writing on the 7th February, nearly 2 months since it happened.
Final question i.e. your honest opinion, is it worth it taking them to a tribunal based on their actions or should I say inactions. Mainly in your opinion % chance of winning appeal?
Thanks for all your advice.