Former Sam Smith's Brewery pub managers Frank and Pam Marshall have won their claim for unfair dismissal against the company after refusing an instruction to drastically reduce staff working hours.
A Sheffield Industrial Tribunal ruled in favour of the Marshalls who claimed halving the hours staff worked at the Holly Bush, Edenthorpe, Doncaster, would seriously affect the efficient running of the business. The tribunal verdict could also spell good news for seven other sacked Sam Smith's management couples who formed part of the joint action with the Marshalls taken against the brewery.
The case followed Sam Smith's decision 18 months ago to cut down staff hours at pubs across its 200-strong managed estate in an effort to reduce overheads and running costs.
The Marshalls, who had run the Holly Bush for more than 20 years, claimed reducing staff hours from 89 hours to 45 hours per week would also pose security problems if it left only one barmaid on duty.
The couple, who now run the Thorn Tree at Ripley, Derbyshire, for Marston's, said they were delighted at the decision. "We have lived with this for 18 months and its been a stressful time, not only for us, but for all the other managers who were also dismissed.
"But we have been vindicated and as far as we are concerned the right decision has been made," said Pam Marshall. No details of the tribunal judgement are yet available, but the Marshalls will return to court in the autumn for a remedy hearing which will decide compensation terms.
The Morning Advertiser understands that a further 37 similar cases could now be brought against the brewery by other sacked managers.