Whitbread loses appeal over ‘flawed' sacking

Whitbread last week failed in an Appeal Court challenge to an August 1999 Employment Appeal Tribunal ruling that the company had unfairly dismissed the manager of the George hotel in Southwark in January 1998, even though he had admitted misconduct.

The Appeal Court was told that John Hall had been manager of the George, one of London's most famous inns, with an annual turnover of £1m.

Hall had won internal awards from his employers and the George won the London Evening Standard Pub of the Year Award in 1995. But there were stock control problems and, following warnings and a disciplinary meeting, Hall was given a final written warning in May 1997.

In January 1998, during an investigation by area manager Debbie Hayes, Hall admitted estimating the food stock count while he was away. He was then suspended from his position.

A disciplinary meeting was later chaired by Hayes, which dismissed him for gross misconduct. Her decision was confirmed a month later at an appeal hearing by the operations manager.

The tribunal ruled that although the dismissal was within the range of responses which was open to a reasonable employer, it considered that the disciplinary process was so flawed as to render the dismissal unfair.

A Whitbread spokeswoman said: "We are considering our position and talking to our solicitors and have no further comment at this time."

by Roger Pearson