In the news: Sacked managers take on Sam Smith

[Max]

Sacked managers take on Sam Smith

By Tony Halstead 26/02/2009 10:14

Sacked pub managers are lining up a series of unfair dismissal claims against North Yorkshire brewer Sam Smith.

The company is facing a number of cases, which have been filed at employment tribunals across the north of England.

It follows a series of cost-cutting measures implemented by the Tadcaster-based brewery at pubs in Yorkshire and Humberside over the past nine months.

In a number of cases managers are alleging that they lost their jobs after refusing instructions to sack other staff without required consultation procedures.

Other managers claim that they were dismissed when they refused to accept cuts in their working hours and other changes to their employment conditions.

The first tribunal hearing, involving former Doncaster pub managers Frank and Pam Marshall, is due to be heard at Sheffield in early March. The managers are being represented by the Unite union, which took over the National Association of Licensed House Managers last year.

Unite regional officer Phil Brown said the brewery had embarked on a mission to reduce staff costs and had seemingly disregarded required legal consultation procedures. The Sheffield case could determine the success of other claims.

?We?re not talking about here today and gone tomorrow managers, one of those involved has worked for the company for 20 years, and this is a matter of principle for this couple,? said Brown. ?The brewery seems obsessed with keeping the price of its beer super low and has ridden roughshod over staff in a bid to cut costs.?

Beer prices in Sam Smith pubs are among the lowest in the UK with bitter priced around ?1.42 a pint. There was no brewery spokesman available to comment.

Sorce: Morning Advertiser

[Mr Zak]

Today's the day! Good luck, Frank and Pam - fingers crossed......

[visitor99]

what was the outcome of the hearing..... all managers are dying to know!!!!!

[Mr Zak]

Latest info posted in "GMB Trade Union" (General Discussion).

Click here

[passedit]

What is happening with these tribunals its been very quite on the western front,has the Hump and his little elf got to these managers,would be nice to hear some news

[Mr Zak]

Try reading the above!

[passedit]

Mr Zak,
Yes I have read the above ,the court case was 5th&6th of March we are now in April,I was only asking as it appears to be dragging along,then again i,m not worldywise in court cases !!!

[fletch]

the court case resumes in may they only gave two days for the hearing but it went on a little longer so they have two more days in may when i'm sure it will all be posted on the net.

[centurion]

the court case resumes in may they only gave two days for the hearing but it went on a little longer so they have two more days in may when i'm sure it will all be posted on the net.

A request to the union reps posting on this site.

When the cases do resume. Please will the representatives, union or otherwise, ask what SS and the Tribunal consider to be a fair working week.

Because as far as i am aware no body has ever answered that question.

It seems that what SS consider fair to offer is ?3.50 per hour per person for 10 hrs a day 6 days a week and holiday cover only if you can provide ones own.

That is what they are offering at interview for the 'priveledge and honour' of being allowed to run one of their establishments

[stig]

nice to know that the bar staff (if your allowed any) are getting better paid than the managers.then again whats knew

[centurion]

DO NOT CHEER IT's NOT BEEN WON YET!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! but is anybody surprised???

Sam Smith's appeals against tribunal decision
By Paul Charity
13/10/2009 12:11
Brewer Sam Smith?s is to appeal against the decision of an employment tribunal which ruled it unfairly sacked one of its pub management couples.

The North Yorkshire-based pub operator is contesting the judgement of the tribunal which backed managers Frank and Pam Marshall who refused to carry out an instruction to slash staff employment hours.

The case followed a year long dispute involving the Marshalls, who ran the Holly Bush at Edenthorpe, Doncaster, and nine other management couples who were also dismissed for failing to cut down staff working time.

They claimed the decision to reduce staff hours from 89 to 45 per week seriously impinged on the efficient and safe operation of the business.

The Marshalls, who now run the Thorn Tree at Ripley, Derbyshire, for Marston?s, said they were very disappointed at the decision.

?We do not yet know on what grounds the brewery is appealing but all we can now do is wait to see what happens,? said Pam Marshall.

It is understood Smith?s submitted its appeal on the final day of the 42 day deadline which followed the tribunal decision.

From the MA.

[OldBreweryDrinker]

Have found this on a google search if this helps anybody, i am not a legal person myself so if anybody else has more information, then please help

[Max]

Having briefly read the contents of the Tribunal Appeal document, I would conclude and allege that in my opinion, a number of statements made by H Smith were simply a pack of lies - which can in numerous cases be proven.

It would appear that Smith has become a little complacent with his 'game' (which I allege is for personal pleasure and entertainment) - by making such alleged lies.

It also casts some doubt on the integrity of 'HIS HONOUR JUDGE SEROTA QC'. An agent of mine will be contacting him shortly to ensure that he demands that certain claims made, be substantiated.

I also think it's time to get some souls from the media to take on employment  with Smith, and expose him once and for all for the tyrannical person I allege he is!

To that end - I will be contacting the media, and a number of producers I know. Then Serota QC may have some explaining to do - as to why he has initially accepted statements made by Smith or his representatives as being true to fact.

It's time to wake up a few people, and see some real justice administrated (within UK law).

[yippi]

We are also in the tribunal very soon, (not part of the northern group) but i know how they feel, i have just read his defence and he does like to think "i have won this so many times, why bother" but as we are good, honest people we felt we had to do something. We may not win but sometimes you have to stand up and be counted, H smith looks at everyone and treats us as idiots, hopefully we will irritate him a little.
Will keep you all posted on how it goes.

[yippi]

We are also in the tribunal very soon, (not part of the northern group) but i know how they feel, i have just read his defence and he does like to think "i have won this so many times, why bother" but as we are good, honest people we felt we had to do something. We may not win but sometimes you have to stand up and be counted, H smith looks at everyone and treats us as idiots, hopefully we will irritate him a little.
Will keep you all posted on how it goes.

( sorry all but we left before we could reach the 5% surplus and before he could sack us...one thing we are going for is constructive dismissal...as we loved the job before he took over with his dickensian rules. Lots of other bits too.)]