1 of 5 Halloween Horror Stories Employment Law: A Catering Manager's Dismissal
Restaurant Catering Manager’s Dismissal & Reduced Hours Contract Offer
Situation: An employee Catering Manager of a High Street restaurant chain was dismissed at the end of the government’s Furlough Scheme (30 Sep) as although trade had picked up for the employer in the months from June to September, the employee (who had five years service) had only been offered an amended contract with part time hours in place of her previously adopted full-time hours contract.
There was not sufficient income to pay the same number of staff on a full-time basis. The employer considered managerial roles more costly to retain and therefore five managerial roles had been cut back. At the beginning of October, the five catering employees affected were told their contracts would come to an end immediately and they would be paid one month’s payment in lieu of notice period.
The employer thought they had acted reasonably because they had supported each employee by offering a new contract, albeit part-time hours. The employees were given no notice, no discussion, no guidance, no offer of alternative roles at the company, and had no choice but to leave their employment and seek full time work elsewhere.
Sejal Patel, Solicitor, Employment Team
Lawson West Solicitors, Leicester
Was this legal for the employer? Answer: No. The employee had a right of consultation, consideration of alternative roles and redundancy as a last resort.
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