Bar worker sacked for Facebook post wins £3,000 compensation

A Lincoln bar worker who was unfairly dismissed after sharing a Facebook post calling the owner ‘creepy’ has won over £3,000 in compensation.

Damaris Trench was sacked from Trebles in Lincoln, which was described as a ‘messed-up place’.

The post – originally made by her boyfriend – accused her boss Himesh Patel of being inappropriate with female customers.

It claimed that Mr Patel had asked a colleague for a threesome, bought drinks for underage girls and attempted to kiss female staff members.

Ms Trench deleted the post an hour after liking and sharing it, but it had already been reposted in other groups.

She lost her job for gross misconduct, despite apologising.

However an employment tribunal found that this was disproportionate, and she had been unfairly dismissed without an investigation or right to appeal.

The Facebook post criticised Treble’s owner and treatment of staff  | Photo: Daniel Jaines

Ms Trench, who had worked at the bar for two years, has now been awarded £3,031 to compensate her for lost earnings.

Trebles says it is disappointed in the ruling, and is a happy and inclusive venue.

Ms Trench’s boyfriend, Dan Sergeant, wrote the social media post in October 2020 after resigning following accusations that he had drunk on shift and repeatedly been late.

Most of the lengthy post accused Mr Patel of inappropriate behaviour with women at the bar, which he denies.

It also said that employees weren’t given Covid PPE or allowed proper breaks – claims which Trebles say Ms Trench knew were false.

The accusations were posted on the Overheard at Lincoln Facebook group but was deleted by moderators.

Managers at Trebles said the post could have damaged the bar’s reputation. 

The employee wasn’t properly dismissed, the tribunal found | Photo: Daniel Jaines

The employment tribunal concluded: “She took the Facebook post down very quickly and apologised for it. She did not write the post and was not acting vindictively or deliberately to damage the [bar’s] interests. She made a mistake, for which she paid.”

It found that she had been unfairly dismissed, but didn’t agree with her complaints of victimisation or automatic unfair dismissal.

A spokesperson for Performance Bar, which owns the venue, said: “Trebles has never had any complaints or legal action brought by any of its staff and they are very disappointed that Ms Trench and her partner took the action they did.

“The employment tribunal found against most of Miss Trench’s case and she succeeded on only a very narrow point. Her claim started out at over £20k and the tribunal will be considering submissions about wasted costs in a claim that ended up being worth £3k.

“Trebles continues to be a happy and inclusive venue.”