Sacked for smoking

[samsdrinker]

Just found this story on the York Press website..


Sacked pub landlord and wife forced out over smoking incident
_{11:00am Monday 2nd March 2009}

Exclusive By Mike Laycock

A PUB landlord is having to climb a scaffolding staircase to get into his first-floor flat through a window after being sacked for smoking in his own bar.

Paul Brown, licensee at the Brown Cow in Hope Street, off Walmgate, York, said he lit up after closing the pub early one night, believing that smoking legislation would not apply when the pub was shut But a licensing officer carrying out a routine check spotted him and fined him ?50. Mr Brown said he had now been sacked for ?gross misconduct? by Samuel Smith?s Brewery.

He said he and his wife, Carol, were able to stay in the flat for the time being, but because the brewery did not want them going through the pub to get to their accommodation, it had arranged for scaffolding to be erected at the back so they could climb in through a first floor window.

Regulars today criticised brewery Samuel Smith?s treatment of the publican and his wife.

Customers claimed the couple had deserved better after running the pub well for the past couple of years. ?I think it?s absolutely disgusting,? said Linda Roberts.

Mr Brown said when he had been fined, he had thought about fighting it but then decided to pay up and forgot all about it.

But last week, an area manager from the brewery had told him he was being sacked for gross misconduct and he had to quit running the pub on the spot.

He said he was able to continue living in the accommodation upstairs for the time being, but the brewery did not want him gaining access through the bar and had therefore changed the locks on the door into their flat.

It had then ordered contractors to install scaffolding at the back of the pub, so as to create a staircase up to a first-floor window, through which he and his wife had to climb to get into their home.
 
?My wife is very upset,? he said. ?We have run this pub for just over two years, and have been loyal employees. We have raised the income from ?600 a week to ?2,500 a week and this is the way we are treated. We have been sacked for gross misconduct but had no idea we couldn?t smoke even when the pub was closed.?

He said he was hoping to take his dismissal to an employment tribunal, and also had concerns about health and safety and fire safety issues raised by the scaffolding staircase.

A tearful Mrs Brown said: ?I can?t believe this has happened. They make us feel like criminals ? all because Paul had a ciggy.?

Justin Earp said he had worked as a barman at the Brown Cow for six months but quit in disgust when he heard what had happened.

Customer Christine Shaw said: ?It?s disgusting the way they have treated them.?

A Samuel Smith?s Brewery spokesman declined to make any comment.

A City of York Council spokeswoman confirmed smoking legislation applied to workplaces 24 hours a day, regardless of whether they were open at the time. She said a landlord would be entitled to smoke in his private premises but not in the public bar.

Source: York Press

[Max]

What kind of world do we live in?

Smoking is still a major revenue stream for the UK Government, although smokers are treated like lowlifes.

This country has been totally shafted by the money racketeering between banks and other financial institutions - and yet they continue to reward their own (at the top) largely because of the links between MP's and the very same institutions, in the form of Directorships, or promises of the same after political retirement. And yet it continues.

Banks continue to rob it's own customers who are now largely its 'bail out of bankruptcy' lifeline - with excessive charges, against the advise of the FSA and other regulative authorities. The behavior of the banks affect millions of innocent householders, and their actions are allegedly illegal.

Now one poor chap has a ciggie in circumstances where he innocently believed that he wasn't breaking any law, and he certainly wasn't causing any harm - and him and his wife get treated as filth - first by the local authority (who could have just issued a warning) and secondly by Sams (no surprise there!).

Personally speaking, I can't write here what I would like to do to the scroates responsible at York City Council - who no doubt, like other authorities, have more individuals pushing paper around than necessary - who don't live in a real world - have a below average intelligence - no morals, and are jobsworth morons!!

[samsdrinker]

Forgot to add the link to the story above  but i see you have already done that.
Also some of the readers comments on the story are quite interesting

[Regular]

have just watched the video at the york press website. what a complete disgrace. it doesn't seem right that humphrey smith can hurt so many, and get away with it

i wonder if he still blatantly walks from his home to the tadcaster brewery, and then back home in the evening on his own every day? he's either completely mad or stupid!

[alibo]

im completely gobsmacked by the above story.how can humph get away with this,surely h&s should have something to say about it.whos liable if anything does go wrong?. this guy gets weirder and weirder

[yorkie]

There must be a fire safety regulations issue here. Surely it can't be safe if the only exit is through a window?

[fletch]

I have run a pub for some years and still do not know the legislaion for smoking when the pub is closed is it the same law in all council areas or is it different?.

[357maddog]

Having worked for these idiots and spent a lot of time drinking their wonderful beers, and listening to the endless stories of the escapades of the brothers Grimm, I actually have to admit to never hearing anything so bizarre as this one.

Ok the guy broke the law, the f--kwit from York City Council should have issued a warning, particularly if it was a first offence, but Sams decision to instantly dismiss this couple is nothing short of scandalous (come on it's Sams though, you'd expect Humph to sack em)...BUT the scaffolding issue really takes the cake...absolutely f--king unbelievable, you really, could not make it up!!!
This has got to be probably the most bizarre story yet.

[357maddog]

I would imagine the Fire Officers will step in here and condemn the use of that scaffolding as a means of entry/egress and possibly stop this couple from living there, It is unsafe and God forbid if anything were to happen, someone would surely be up on a corporate manslaughter charge.
These are supposed to be inteligent people with public school educations, how could anyone figure what they (Smiths) have done is reasonable...beyond me.

[Mr Zak]

I agree, the whole situation is bizarre, and it seems that Humphrey will jump at any excuse to sack a pub manager - employment law legislation & health and safety issues have never stopped him in the past, and until he's debarred as a director, they won't stop him in the future. I guess the manager and his wife simply have to join the ever growing queue of claimants taking Humphrey to a Tribunal (and don't forget there's a test case this week that is likely to set a very important preedent).

But it does beg the question - if the pub was closed, where exactly was the local council inspector.....?

[357maddog]

See, to me the fact he was lurking outside the pub smacks very heavily of someone "grassing" him/them up, we have to presume he was outside because the Manager surely wouldn,t have lit up a cigarette with a member of public still on the premises...and a stranger at that.
Skullduggery, In my opinion. 

I agree, the whole situation is bizarre, and it seems that Humphrey will jump at any excuse to sack a pub manager - employment law legislation & health and safety issues have never stopped him in the past, and until he's debarred as a director, they won't stop him in the future. I guess the manager and his wife simply have to join the ever growing queue of claimants taking Humphrey to a Tribunal (and don't forget there's a test case this week that is likely to set a very important preedent).

But it does beg the question - if the pub was closed, where exactly was the local council inspector.....?

[Mr Zak]

See, to me the fact he was lurking outside the pub smacks very heavily of someone "grassing" him/them up, we have to presume he was outside because the Manager surely wouldn,t have lit up a cigarette with a member of public still on the premises...and a stranger at that.
Skullduggery, In my opinion. 

I agree, the whole situation is bizarre, and it seems that Humphrey will jump at any excuse to sack a pub manager - employment law legislation & health and safety issues have never stopped him in the past, and until he's debarred as a director, they won't stop him in the future. I guess the manager and his wife simply have to join the ever growing queue of claimants taking Humphrey to a Tribunal (and don't forget there's a test case this week that is likely to set a very important preedent).

But it does beg the question - if the pub was closed, where exactly was the local council inspector.....?

Very strange. The original report in the York Press states the licensing officer was doing "a routine check", but doesn't specify whether he was in the pub or not. I guess the only one who can shed light on it is the sacked manager, Paul Brown? Was Paul fined on the spot? Or was he written to after the event? Did the licensing officer then write to the brewery? How did the brewery investigate the incident? Whatever the sequence of events, the sad, sorry fact is, that once again, Humphrey has acted illegally, and in the fullness of time, will have to pay dearly for not just this action, but also the several others mentioned on this site, and no doubt, the dozens we don't even know about!

P.S. There's some quite heated and political comments on the blog following the York Press article. Politics aside, the incident certainly has brought Humphrey's despicable actions to a wider audience.

Admin - have you thought of putting a link to this site on the York Press blog - the more who know of Humphrey's behaviour, the more chance of action being taken?

[357maddog]

I'm unsure as to how the process works after you have been caught but I would imagine that the officer would send a report to the brewery, as for an investigation, the poor sods are unlikely to have had one, since when did Humph follow any company procedures.

There is a link Mr. Zak to the York Press,its a few posts above ours and you can view the video interview with the couple from there too.

[357maddog]

Sorry, I mis-read your post Mr. Zak, you meant a link for this site on the York Press site...lol
Bloody mince pies are goosed.

[JettaP]

I have listed the link on twitter as well   

http://tinyurl.com/dbph5r 

Lets get the sad and sorry story as much exposure as possible....