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Hi all, would appreciate a bit of help on this matter...


Basically I'm a bar tender in Newcastle and was in work for food on my day off and the owner asked if he could speak to me.


He said that I had not clocked out 3 times in 2weeks and that he was going to involve the police as it was serious gross misconduct. I normally work 8.30am-4.30pm and usually stay for a drink after work, I can recall one of the 3 occasions and I made the receptionist aware of this. When he mentioned it to me I remembered a second time but explained that it was a complete accident, which it was.


He also said that he has a witness that said I have been staying clocked in after I finish on purpose to get more hours, I do not recall saying this.


He gave me 2 options either resign with immediate effect or contest the allegations but said I would lose as I am on camera in the bar drinking, he said if I lost I would be taken to court and receive a criminal record.


In this meeting he had a HR rep, no notes where taken, I had no representative and felt so overwhelmed at the time I resigned.


I am on a zero hour a week contract so they do not have to give me any hours before I go although what action can I take? I feel I have got the short straw.


In total the amount that I gained from staying clocked in was £36, I offered to pay it back and more but was told that was not the issue.


Any help at all would be appreciated, thanks. Peter.

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You need to have been working there for 12 months to have acquired any employment rights.

Does this apply?

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I Joined the company in March 2010 but I left for 3 months over the summer and came back in September, I then moved to another bar in Feb although it is still owned by the same company.

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