Sacking question?

[gemd89]

A friend of mine works as a chef - he worked sunday all day. Monday was his day off.

Tuesday morning the health inspector came in and said the kitchen was a disgrace. My friend started working at 2pm tuesday.

They were then called in wednesday, let go with a week paid and had their contract terminated.

Has my friend got the right to appeal? If so how?
Shouldnt he have been given a warning?
If he wasnt in on monday all day how can he be terminated for the kitchen being a mess on tuesday?

There is only 3 people working in the kitchen - head chef and second chef and my friend who is just a chef. The head chef and second chef were both in monday.

Can someone offer advice on whether this is acceptable way to terminate someones contract.
Thanks

 

[JohnnyCash]

Has my friend got the right to appeal? If so how?

Depends how long he's worked there.

Shouldnt he have been given a warning?

Depends. If the kitchen was in such a state that it was dangerous (staff getting hurt, customers getting poisoned) you could easily call that gross misconduct and instant dismissal.

If he wasnt in on monday all day how can he be terminated for the kitchen being a mess on tuesday?

If there was mould all over the place, food thats a week out of date in the fridge and floors that have clearly never seen a mop in weeks then it wouldn't matter would it? All depends on the details...

Can someone offer advice on whether this is acceptable way to terminate someones contract.
Thanks

Without more details, nobody can tell you.

 

[papverpoppies]

A friend of mine works as a chef - he worked sunday all day. Monday was his day off.

Tuesday morning the health inspector came in and said the kitchen was a disgrace. My friend started working at 2pm tuesday.

They were then called in wednesday, let go with a week paid and had their contract terminated.

Has my friend got the right to appeal? If so how?
Shouldnt he have been given a warning?
If he wasnt in on monday all day how can he be terminated for the kitchen being a mess on tuesday?

There is only 3 people working in the kitchen - head chef and second chef and my friend who is just a chef. The head chef and second chef were both in monday.

Can someone offer advice on whether this is acceptable way to terminate someones contract.
Thanks

Cannot answer about the legal aspect of the sacking.

But, usually when HI come round they are aware of what is day to day dirt within a busy catering establishment - and are looking more at what is weeks/months of neglect.

They are looking at the way meat is stored, temperature, is it kept away from fresh food, use by dates;food rotation, rodent control, cleaning, health and safety - right across the board really.

I cannot see how it could have been based on what he or she saw that day.

When I worked in the hotel industry (long ago) it was usually the responsibility of either the Chef, or the owners, (unless delegated other wise) to make sure that kitchen hygiene was implemented and adhered to.

Pops ~xx~

 

[gemd89]

Well he has worked there since december and he was in the kitchen sunday but it was cleaned on sunday.

Surely if the kitchen isnt clean one particular evening then the head chef should delegate for people to clean certain areas and it should be clean everyday especially by the end of the evening so on tuesday morning it should have been spotless.

But how can they choose who to sack when there are 3 people in the kitchen - head chef, second chef and my friend (normal chef). And my friend wasnt there monday

Gemma

 

[JohnnyCash]

Unless they discriminated against him on race grounds, pregnancy or a few other protected reasons he has no claim based on the time he's worked there... they don't even need to give him a reason to get rid of him.

 

[gemd89]

Unless they discriminated against him on race grounds, pregnancy or a few other protected reasons he has no claim based on the time he's worked there... they don't even need to give him a reason to get rid of him.

Okay so after 7/8 months its fine to just decide to sack someone one day? So its not worth going to a tribunal or anything to claim he was unfairly sacked? How long would you need to be there to look at a tribunal or to appeal?

Gemma

 

[JohnnyCash]

Okay so after 7/8 months its fine to just decide to sack someone one day? So its not worth going to a tribunal or anything to claim he was unfairly sacked? How long would you need to be there to look at a tribunal or to appeal?

Gemma

Can't remember if its 1 or 2 years... either way he's under it. Yes its fine to just sack someone on any random day, giving absolutely no reason.

Unless they sacked him for being black, pregnant or disabled or something, you're wasting time/money pursuing this.

 

[Gillie]

Was your friend responsible perhaps for cleaning and ensuring the health and safety matters were adhered to in the kitchen? Thus making him very responsible for the terrible state of the kitchen.

It takes many months to get a kitchen in a state to be called a disgrace by the local inspectors - procedures and not being stuck to, ie the cleaning rota and how its cleaned, the storage of food items, the separate washing facilities for staff, the marking of food, the cleanliness of the place etc.

Was he perhaps the one that was supposed to be responsible for the overseeing of this?

 

[Gillie]

Well he has worked there since december and he was in the kitchen sunday but it was cleaned on sunday.

Surely if the kitchen isnt clean one particular evening then the head chef should delegate for people to clean certain areas and it should be clean everyday especially by the end of the evening so on tuesday morning it should have been spotless.

But how can they choose who to sack when there are 3 people in the kitchen - head chef, second chef and my friend (normal chef). And my friend wasnt there monday

Gemma

In any commercial kitchen, there are certain things that have to cleaned once a week and other things that need cleaning more than ie every day - there should be a documented procedure in place for what is done when and who did it - its standard practise in any commercial kitchen - so the excuse of he wasnt around on the Sunday doesnt matter.

 

[gemd89]

Its not that he wasnt around the day before - Its the fact that they should all clean the kitchen, the head chef should make sure its cleaned everyday and he hasnt - only my friend has been blamed for it and got his contract terminated

Gemma

 

[JohnnyCash]

yes but these points are completely irrelevant - he's worked there 8 months and they have exercised their right to show him the door, they don't need to give him a reason.

 

[TotallySport]

Was he the only one that was sacked?

 

[KateCB]

Confusing - at one point you say that 'They were called in.... and They had their contracts terminated, then you say that onyl he was 'let go....? which one is it?

Even if he could prove that the kitchen was up to standard on the day he last worked, which unless he had photographic evidence, date and time stamped to prove it, as he has only 8 months service, there is no comeback through tribunal, so there is nothing he can do except move on.

 

[crphillips]

Maybe they wanted rid of him or couldn't afford a third chef so they used it as a good excuse to get rid. Or they just needed a scapegoat to look good for the inspector. Either way I'd move on as it sounds like he doesn't have a case. Also as an employer I for one think you should be able to get rid of someone if you want if they have only been there 6 months. If you need to get rid of someone and he's the guy at the bottom of the ladder then i suppose it's going to be him.

It isn't even 8 months by the way....it's 6. It says he started in December.

 

[gemd89]

Yes he was the only one that was sacked from the kitchen. They cant sack the first or second chef now can they?

I think obviously he will just move on but its nice to know the law on these things - I didnt realise they could sack you the first year without an explanation especially when the company he works for is huge.

Gemma

 

[CSBob]

You've actually just answered the why of this for yourself - the company is huge. The Manager / Head Chef (perhaps even in cahoots) desperately need a scapegoat for this as their own necks are on the line, absolutely no doubt about it. You can almost guarantee that the chain's regional manager was there on the same day, or at the latest on the day after, spitting fire and threatening hell & damnation. He has bosses, too, and they won't be happy with this: the chain as a whole may well be 'prioritised' for H&S inspections as a result of this 'disgraceful' finding, as it simply shouldn't happen in a chain.

 

[MrsF]

Has he checked the terms in his contract of employment? normally you would get two verbal warnings before anyone could be sacked.

 

[gemd89]

Thats what i thought MRSF but looks like if he wasnt there for a year then he hasnt got a leg to stand on. Its a huge worldwide chain though but they only had 3 chefs in the kitchen and he was one and they had 3 parties booked in for this weekend so god knows how 2 chefs are going to cope - Lets hope one of them doesnt fall ill!

Gemma

 

[JohnnyCash]

Thats what i thought MRSF but looks like if he wasnt there for a year then he hasnt got a leg to stand on. Its a huge worldwide chain though but they only had 3 chefs in the kitchen and he was one and they had 3 parties booked in for this weekend so god knows how 2 chefs are going to cope - Lets hope one of them doesnt fall ill!

Gemma

Maybe they'll cope as one of the other chefs brother in law is starting this week and your friend had to get the boot to make room for him. It wouldn't be the first time someone had been fired to let someone else take their place...

In big chains it would be really easy for mid level people to chuck someone else out and put someone they know in that place... hiring and firing like that will go on all the time. You just don't know what is going on behind the scenes.

From now onwards there would be far more to gain putting this effort into finding a replacement job, than working out what went wrong in the last one, imo.

 

[MASSEY]

Maybe they'll cope as one of the other chefs brother in law is starting this week and your friend had to get the boot to make room for him. It wouldn't be the first time someone had been fired to let someone else take their place...

In big chains it would be really easy for mid level people to chuck someone else out and put someone they know in that place... hiring and firing like that will go on all the time. You just don't know what is going on behind the scenes.

That sort of hiring and firing goes on in all size businesses. Employees get it just as bad as employers get it when they **** up.