A former Arbroath British Legion bar worker has won a £21k payout at an employment tribunal.
James Berrie was unfairly dismissed as an assistant bar manager after he reported health and safety concerns to bosses at the Helen Street club.
He said that items, including tables or stacks of chairs, were left blocking exits at the Helen Street bar and that other items were being left as trip hazards.
He also claimed that his employer had breached his contract and made unauthorised deductions from his wages.
British Legion bar worker suspended after reporting health and safety concerns
Employment Judge Kemp awarded Berrie £21,039.29 after a hearing in Dundee.
He found that the bar worker had been unfairly dismissed and suffered detriment for making a “protected disclosure”.
He also found that the Royal British Legion Scotland Arbroath and District Branch made unauthorised deductions from Berrie’s wages and failed to provide a statement of changes to his employment.
Berrie was employed at the bar for around 14 years before his dismissal in October 2023.
The tribunal heard that he had reported concerns about the bar manager and health and safety fears verbally to chairman David Findlay in July 2023 and later to Lisa Robb, who took over the role.
He was suspended from work in September of that year on allegations of bullying and harassment.
Arbroath bar worker quit after ‘breach of contract’
Berrie was then informed during a meeting in October that his work hours would be reduced from 20 per week to just five.
Days later he wrote to the bar terminating his employment claiming a breach of contract, and stated that he believed he had “suffered detriment due to ‘whistleblowing'”.
He also did not receive payment for two days of work on October 14 and 15.
The judgement said the circumstances of the termination of employment “did amount in law to dismissal” as there was a “breach of the implied term as to trust and confidence”.
It added that the British Legion had imposed “disciplinary sanction without any form of advance notice or hearing.”
Judge Kemp added: “I was satisfied that the claimant had a reasonable belief that there were issues of health and safety from the blocking or partial blocking of exits that could be a risk in the event of fire, and that he had a reasonable belief that that was in the public interest when disclosing them orally to Ms Robb.”
The British Legion has been contacted for comment.
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