Question: Alex started work at Bojo beach, a five star restaurant in Oxford, in November 2007 as a waiter. He was good at his job and
Alex started work at Bojo beach, a five star restaurant in Oxford, in November 2007 as a waiter. He was good at his job and was rapidly promoted to become the senior waiter. Bojo beach prided itself on providing a healthy working environment for its employees, however in the spring of 2020 there was a shortage of competent waiting staff and Alex became very stressed due to overwork. The working relation was not helped by a difficult relationship with the restaurant manager, Mr koko. Alex developed stress-induced eczema and took six weeks unpaid leave to visit his parents in Bogoso. On his return his difficulties continued. He burnt his hand whilst serving a customer and was off for three weeks but received no sick pay. Alex repeatedly asked Mr koko about it but he refused to authorise it. Company policy required a six month appraisal for each employee. Alex has not had one for the last two years. Whenever he asked Mr koko about it he was always met with excuses. At the beginning of December 2020, during a busy shift, Alex removed a pre-purchased but unopened bottle of wine from a table which had just been vacated by a party of diners and took it to the kitchen. He was confronted by the assistant manager and told that he should have obtained permission to do this and received a written warning about his conduct. At the end of January 2021 Alex was confronted by Mr koko when eating food from the metal cooking tray he was taking to the washing up station in the kitchen. He was told that it was a new rule that staff were not to eat in the kitchen during working hours. Alex lost his temper and using a few choice expletives, shouted that he had not been told about the new rules and anyway other staff had eaten food during work time and had not been reprimanded. Alex was sent home immediately. The next day he received a phone call from Mr koko telling him not to come back to work as he was being dismissed for gross misconduct. Advice Alex on whether he can bring any claims against his employer and what remedies he would be entitled to if successful. Use decided cases and relevant statutory provisions in support of your answer.
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