Long-serving sports bar employee dismissed for drinking on duty – tribunal finds real reason was business decline
A sports bar employee with 17 years' service was unfairly dismissed after being accused of drinking on duty. The tribunal found the real reason was the bar's poor business performance.
1 min read · Last updated 18 May 2026
Case details
- #long-service
- #gross-misconduct
- #drinking-on-duty
- #business-decline
- #respondent-in-administration
- #no-schedule-of-loss
Key facts
- The claimant was employed from 11 January 2002 until 8 August 2019.
- She was dismissed for gross misconduct for drinking alcohol on duty.
- The tribunal found the real reason for dismissal was that the sports bar's business was poor.
- The respondent went into administration and did not participate in the hearing.
- The claimant did not claim any ongoing loss and only received a basic award.
Timeline
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Employment started
Claimant began working for Rileys Sports Bar.
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Dismissal
Claimant was dismissed for gross misconduct (drinking alcohol on duty).
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Claim filed
Claimant filed an unfair dismissal claim.
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Respondent's response
Respondent filed a response asserting fair dismissal for conduct.
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Administrator consent
Administrator confirmed consent to the claim.
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Hearing and judgment
Tribunal heard the case and upheld the unfair dismissal claim, awarding £7875 basic award.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed, specifically whether the real reason for dismissal was misconduct or the respondent's business decline.
The outcome
The tribunal upheld the claim of unfair dismissal.
The key reason was that the employer's stated reason of gross misconduct was a pretext; the actual reason was that the business was struggling.
The claimant was awarded:
- Basic award: £7,875
- No compensatory award as the claimant did not claim any ongoing loss.
Lessons & takeaways
- Employers should not use misconduct allegations to disguise a redundancy situation, especially when business is declining.
- Long-serving employees are entitled to a fair process, and tribunals will scrutinise whether the stated reason is genuine.
- If an employer goes into administration, claimants can still pursue a claim against the administrator with consent.
- Even without a schedule of loss, claimants can recover a basic award based on their length of service and age.
A dismissal that didn't add up
A sports bar employee with 17 years' service was dismissed for gross misconduct after drinking alcohol on duty. But the tribunal found that the real reason was the bar's poor business performance – not the alleged misconduct.
The claimant, who worked at Rileys Sports Bar from 2002, was dismissed in August 2019. The employer claimed she had been drinking on duty, but the tribunal heard that it was not uncommon for staff to have a drink with customers to secure bookings. The claimant said she had been encouraged to do so by a previous manager.
What the employer could have done differently
The employer could have been honest about the business difficulties and explored redundancy as a genuine option. Instead, they pursued a misconduct process that only partially succeeded – only one of four allegations was upheld. The tribunal noted that the employer's absence from the hearing (due to administration) meant there was no evidence to challenge the claimant's account.
Why this case matters
This case shows that tribunals will look behind the stated reason for dismissal. If the real reason is something else – here, business decline – the dismissal will be unfair. It also highlights that even when an employer is in administration, a claim can proceed with the administrator's consent. The claimant, who represented herself, received a basic award of £7,875 based on her long service, even though she did not claim for ongoing financial loss.
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