Two recent cases in the Unichef office have highlighted the growing use of surveillance in kitchens so we thought we would take this opportunity of inform you more on the subject.

Firstly is it legal to have CCTV inside your kitchen?

The simple answer is yes,HOWEVER…

There is a massive range of rules that govern its use and its these rules that employers tend to ignore.  They involve rules on the Data Protection Act and also The Human Rights Act.The reasons why they are installed and used are strictly enshrined in these acts and the penalties for ignoring their governance can be hugely damaging to both the employee and the employer.

Installing CCTV on premises is a very serious thing to do and should never be taken lightly. There is plenty of evidence and reports that show that long-term use of CCTV in enclosed spaces can have a psychological and physical effect on employees.

The long-term use of surveillance can have serious consequences on the employee and should never be used without consultation with the employee and guidance from The Information Commissioner.

Without a doubt, constant use of CCTC in any one place could be a Violation of your Humans Rights and should be investigated and complained against.

The uses and benefits of CCTV are seldom of any major significance and are rarely if ever used in the Employment Tribunal, and should never be used in evidence against someone unless there is clear and indisputable evidence of a crime.

Unichef have long fought against Cameras in kitchens. We see little point or justification and the disadvantages far outweigh the advantages and we deplore their use if the only reason is that the employer is paranoid about his staff and wants to “keep an eye” on them??

Say NO to CCTV..it is your human right.

 

Photo by

Juan Ignacio Rodriguez Moronta

It's no surprise that Leeds fated Michelin-listed Man behind the Curtain has finally closed its doors after what can only be described as one man's egotistical culinary adventure.

Michael O'Hare has gained not fame but notoriety by often challenging the culinary norms with Avant Gaurd perceptions of what people want to eat and experience.If there was ever a reason just why Michelin must look deeply at its criteria for culinary awards then it is indeed this venture.


That this chef thought it perfectly acceptable to serve his paying customers a Red Sea Prawn on the top of an old-fashioned telephone beggars' belief clearly indicated that this chef




The company behind the Man Behind the Curtain in Leeds, which traded as Psycho Sandbar, was shown to have owed almost £1m when it entered liquidation last month.





 

 

At long last the Workers Protection Act has finally come into force and will herald a new chapter in our industry.

For so many years now Unichef has fought against the disease of Sexual Harassment that has plagued Hospitality.In no other field of work or profession is harassment more prevalent than in Catering and it's one of the main causes of poor staff retention and engagement.

Ever since I was an apprentice back in 1974 women has been the subject of unwanted sexual attention and harassment to the point where sadly it just became "normalised" and in 2015 when we started Unichef it became our single core issue and a campaign we started and have watched gather and has now become law.

We have always maintained that the ONLY way to stop harassment kitchen was to legislate against it and now we have that vital piece of law that at last pushes doubt about what is harassment and who should be responsible into a much clearer picture.These definitions are clearly set out by ACAS as being..
 

making sexual remarks about someone's body, clothing or appearance


asking questions about someone's sex life


telling sexually offensive jokes


making sexual comments or jokes about someone's sexual orientation or gender reassignment


displaying or sharing pornographic or sexual images, or other sexual content


touching someone against their will, for example hugging them


sexual assault or rape

Finally now the onus is upon Companies, managers and Head chefs to police and be "proactive " against harassment in the workplace and finally those that suffer abuse can now see that the law is on their side and have that just support.

Harassment at work is vile,unnecessary and unproductive,it has nothing to do with our profession and we now must all rise to the challenge and stamp it out once and for all.

We warned in 2022 that the concept of Michelin Starred dining was fast fading and the shocking news that Purnell's in Birmingham has closed after 17 years will send shock waves through the industry
This highly acclaimed and hugely successful restaurant is yet another in the now growing list of Michelin Starred Restaurants to shut up shop due to the massive costs of maintaining prestige.
This is now on the backs of recent announcements by Micheal Cains,Michel Roux jnr,Nick Nairns, Micheal O'Hare,Tom Brown and many others and we warned that many more would follow.
 

The reasons are many and complex but one thing they all have in common is the massive wish to diversify and capitalise on their award by getting involved in more work other than concentrating on the core business that made them what they are?

Books,TV shows guest appearances, award ceremonies, you name they do it..anything other than cook?

Seems that once you get a Michelin Star, that's it..feet up, let's get another 5 restaurants, cafes, street foods, and the rest..the money starts rolling in ? the temptation to "cash in " is just too great for many of them,one restaurant doing great just isn't enough.

We have said for a long time that greed is at the heart of the Michelin system.Greed by Michelin themselves and greed by the chefs and Restaurants that get the award.

For sure the Michelin Gravy Train is grinding to a halt,not just in the UK but many more countries also..It was always a French Creation for the French Gastronome , perhaps it should have stayed that way?





 

Employment Tribunal Facts

A new tipping law, which has made it illegal for companies to withhold tips from employees, has been welcomed by workers and industry bodies but could lead to a headache for employers.

Until today, Employers were able to choose whether to keep tips made on cards, or whether to pass the earnings on to employees.

The new regulation will give staff the right to see their employer’s tipping policy and a record of the tips provided by customers.

Lawyers have urged Employers to be careful about following the policy and said that the regulation could lead to significant costs related to compensation. The legalisation enables

At last some good news for our industry and our members.

The Good Work Plan that we told you about in 2020 is finally about to come to fruition with next month's announcements of the final instalments of the revolution in working practices.

Since day one of Unichefs conception we have fought hard to abolish split shifts and at last we now have concrete plans from the government for the introduction of two-sided flexible working. An end to split shifts and zero-hour contracts, and also an end to employers cutting shifts at short notice.

No longer will your employer be able to demand split shift working and cut your hours in the middle of a shift, they will also be required to offer “fixed” hourly contracts well as a statutory requirement to inform you of your rights to join a Union.

Other plans are a new 6-month rest period before you apply for unfair dismissal ( instead of 3 months ) and a shortened period of qualification for unfair dismissal ( currently 2 years ) as well as changes to harassment and discrimination laws.


We haven’t quite got all we wanted, there is still work to do on “copy and paste” contracts, Entity identification (the name on your contract), and also penalties for pay mistakes.

However the mood within the government is now ready for these changes and we will keep battling to make our industry better and safer for our chefs, so watch this space.

We are celebrating success for the 3rd time in 2 months and we are delighted to have worked with such an inspirational member once again. Yet another female Chef who has stood up to her Employers and demanded better treatment.

The case involved a female Chef on the Autistic Spectrum who had been wrongfully accused of Food poisoning and bad practices, all of which were false but a male-dominated management once again had thrown all caution to the wind and reprimanded her without witnesses and a thorough investigation, their male ego’s getting in the way of common sense and good practice.

Once the matter was brought to the attention of the company's HR department, it was clear that the Executive Chef and Manager had acted unfairly and unlawfully in disciplining our member.

They accepted liability and agreed on substantial compensation and costs within weeks of us being involved and the matter was all over and agreed upon within a very short space of time and our member has moved onto better things with an even better job and a great caring company.

Once again, the National Chefs Union has shown its teeth and supported a member in their time of need. Her award of more than £14,000 plus cost shows employers that they aren’t always right and that there is a Union that will protect our chefs against uncaring and unethical companies.

 

Few would ever think that a chef could be sacked over a Black Forest Gateau but this is strangely the case we have currently ongoing.

We would normally wait until the case is over before reporting on it but such is the nature of this episode that we’d like to tell you about it as an ongoing situation.

Simply, the chef was dismissed without notice for not applying the Allergens for the gateau in the daily listings. Extreme you might think but this is a hugely complex case.

The Chef denies the allegations of Gross Negligence that were in her contract but not defined, she also denies the incident ever took place and that the employer was hasty in dismissing her without warning or notice.

The employer denies any wrongdoing ( they always do ) and is fighting the case but is shocked that the chef had the common sense to call in Unichef, he thought she would be unsupported ( they always do ).

Summary Dismissal ( without notice ) is a minefield for employers, they risk not being right in the dismissal, and having won 3 court cases this year we are extremely confident that we will this one too. The case is currently with the Tribunal Court and the respondent and it is just one big game of chess now, and we are "Grand Masters" at this so let us see how it progresses, it's an unusual one for sure?

We will continue to keep you updated on the” Black Forest” case as it moves forward..

The results of our survey into bullying in Commercial Kitchens have now been compiled and show some interesting results.

Almost 70% of Chefs questioned said they had been the target of bullying in the past.,and 30% more recently.

50% of Chefs said they had witness bullying in their kitchens although they were not the target

Almost 80% of bullying came from either their Head Chef,Manager or Sous Chef

The situation was split when asked if things regarding Bullying were getting better with 40% saying they were better but almost 60% believing things hadn't canned and was still a major issue.

Staggeringly 80% said that leadership and lack of experienced staff was also a major concern with almost 60% believing that a lack of knowledge and understanding was a contributing factor to bullying in kitchens and a further 60% also believing that the bad portrayal of chefs on TV had also become a factor in bullying.

We sincerely thank all of those who contributed their time in taking this survey and we leave you all to consider the results.

 

 

Who is my employer?

When is your employer NOT your employer is a question that is now being asked of us more and more.

You may think this is a simple thing but it can be extremely complex and costly if you are dismissed unfairly or even if you have any work issues at all.

A recent case highlights just what we mean. https://www.gov.uk/employment-tribunal-decisions/mr-d-vogiazinos-v-sola-fine-dining-ltd-and-others-2201528-slash-2024



In the case of Michelin starred chef Victor Garvey who hired our member to work at his premises in Soho, London and he continued to work for Garvey at those premises for many years working with Garvey to achieve his first Michelin Star.

However unbeknown to our member he was not technically employed by Garvey (he claims) but by the limited company owned by his girlfriend.  The company paid Garvey’s employees on his behalf therefore devolving him of any responsibility but this was never explained to any of his staff.

When our member was dismissed unfairly Garvey denied any employer responsibility even though he had hired and fired on the companies’ behalf.
The case was found against Garvey and has since been ordered to pay more than £15000 in compensation.


The case highlights the growing issue of “entity or Employer identification” and is a serious concern within the industry. This is when an employer deliberately sets out to confuse and deceive their employees by offloading their legal responsibilities to a shell company. This despicable practice is more common that even we realised and we ask all Chefs to check their contract and to find out just who they are actually employed by, often they will be shocked to find that it’s not the people they are working for?

I
 

 

So sad to see that our warning that worse was to come is very much coming true but this news that the iconic Waterside at Bray has made substantial losses is much more than a "sign of the times.

Last month we suggested that this was the start of a major change in British cookery with the losses of Le Gavroche and also L’Ortolan we are seeing the demise of major Iconic Michelin houses before our very eyes and we predicted more to follow.

At the heart of it all is the very model of Michelin dining and yet once again the blame is laid at staff costs?

Those that eat at 3 star Restaurants care little about what goes on behind the scenes can easily afford the increases set to achieve the highest of culinary standards.  That chefs and waiters demand the equivalent in renumeration and are  blamed for the operational failure is appalling and insulting,and proof that these restaurants have grown famous on the backs of cheap labour.

The Michelin model has been broken for many years and whilst they dole out stars left, right and centre to restaurants that simply don’t deserve that level of accolade then so the market becomes saturated with Michelins on every street corner ( 3 in Bray alone )

The fact is that those that dine Ala Michelin have an enormous choice as never before and in many cases much of it being the same and we believe the mystique and aura of visiting a Michelin house has become the thing for one off dining events as those of HNW can easily

 

Can Your Employment Be Terminated For Posting On Social Media?

Many of us use Social Media every day and most of the time there are no repercussions for sharing an article on a website or posting a comment, for example. However, employee’s should be aware that the use of Social Media can sometimes result in disciplinary action, which can result in a Gross Misconduct dismissal. This is the case even if you were using Social Media outside of work.

Social Media Policy

It is recommended that employers have a Social Media policy and that this is introduced to the workforce. By doing so this will help set out what behaviour could constitute Gross Misconduct and the sanctions available to the employer. However, whilst it is recommended that an employer set out a comprehensive Social Media policy, even without one, certain action online could still result in disciplinary action.

How Can Social Media Result In Gross Misconduct?

Gross Misconduct is described as conduct which undermines the relationship of trust and confidence to entitle the employer to no longer retain the employee in their employment. The ACAS Code also sets out the meaning of Gross Misconduct.

“Some acts termed gross misconduct, are so serious in themselves or have such serious consequences that they may call for dismissal without notice for a first offence. But a fair disciplinary process should always be followed, before dismissing for gross misconduct.”

Gross Misconduct can therefore extend to an employee’s use of Social Media, if the employer reasonably considers the employee has engaged in conduct which could cause a loss of reputation to the business.

Acceptable Behaviour and Loss of Reputation

An employer has the right not to suffer a loss of reputation, by an employee’s actions, and so anything an employee posts on Social Media, which negatively impacts the employer’s reputation, could result in a disciplinary action leading to dismissal.

What are the legal guidelines for setting up and conducting performance appraisals in the UK?

Employers are not legally required to conduct appraisals. However, this is a good idea as an appraisal policy can highlight performance concerns through monitoring or serve as a reminder of the attainable targets which must be fulfilled before a pay rise or promotion can be considered. This two-way process allows both employers and employees to share feedback. Instilling a progressive and transparent workplace culture can boost staff morale and result in greater productivity.

How should employers legally address performance issues that may lead to disciplinary actions or dismissals?

Where performance-related concerns have been identified, an employer should first consider whether these can be addressed on an informal basis. This approach would be appropriate in circumstances where minor problems are apparent or to draw a line in the sand where longstanding issues have not previously been addressed. An employer can take formal action against repeat offenders who fail to take on board constructive feedback.

If an employer intends to pursue formal disciplinary action, a thorough investigation must be conducted to establish the root cause. Where an employee cites health concerns as the primary reason for their underperformance, employers should consider obtaining a medical report from the employee’s GP or pay privately for an occupational health assessment. If appropriate, an employer should make reasonable adjustments in accordance with the Equality Act 2010 to avoid a discrimination claim.

Once any mitigating factors have been addressed, an employer can progress to a formal




 

We knew it would not be long before we get a Michelin Chef into court and now we have a date set.

On June 25th 2024 a well known ( self publicist ) Chef in Soho London will be before the courts owing our member and others many thousands of pounds in wages and entitlements.

This vile man has spent millions on refurbing his Restaurant,the best of crockery ,the best of cutlery and tableware the very finest decor,all in his narcissistic quest for "Michelin Gold" and all on the backs of his staff and his creditors.

He is without doubt the most obnoxious person this Union has ever had to deal with and we cannot wait to get this court order against him and finally show to the world the very seedy side of Michelin dining.

How so many Michelin Chefs are up to their neck in debt and struggle to pay their way and are in fact running their business insolvently and against the law and whilst diners happily scoff their Cuisine Miniscule"and gulp their Dom Perignon oblivious to a young family in London with a baby who is owed more than £10,000 and who have struggled to pay for simple necessities.

Unichef has never exposed any employer before and this will be the first but have no doubt we WILL EXPOSE this chef and let the world see exactly what has been going on Michelin kitchens for many years.The amount of stress and worry this family has had to endure in the name of Michelin is simply appalling and when our industry scratches its head wondering where all of the staff have gone to we have to believe that the problems we have been complaining about for so long are there right in front of our eyes every single day.

 

This week, a figure in the industry has said what Unichef has been saying for many years.

Chantal Wilson from NQ64 Bars in London has rightfully said that the industry doesn't have a "recruitment" problem but in fact has a major Job issue in that the very quality of work is stopping people from looking towards Hospitality as a career choice.

So, how do we bring quality to work and what can employers do to solve the issues once and for all?

We have said for years that employers need to build into their employment work ethics and moral attitudes of fairness and flexibility,  Our "hit list" would include...


1, An end to one sided and "cut and paste” contracts.

2. An end to inflexible work patterns, i.e. split shifts, AFD and every weekend shifts unless such work is enhanced.

3. Unbiased and independent HR representation

4, More high-quality recruitment with qualifications gained being recognised and rewarded.

5, A “Zero Tolerance” to Drugs and substance abuse with mandatory drug testing in all kitchens.

6. A return to “time served” management who know and understand traditional and established work practices and less “graduate” based management structures who only follow the corporate role and put profitability before all else.

7.Legislated maximum"trial periods"

All well and good having good intentions and ideas, putting them into practice is another thing?

Due to the increased levels of complaints we have received recently we thought we would put this one out to all our members and and followers.It's been ages since we did a survey so let's crack on with this one.



 





We believe that bullying in kitchens is still a major issue in Uk kitchens but we would really like you views.





All of our surveys have always been really popular and we expect this one to be massive.

The survey is anonymous and you will not be identified in any way



 





Just click on this Link below to start the survey.



 






https://www.surveymonkey.com/r/SRLW8C

 

 

many thanks and stay safe.




 

Finally we can now tell you the full story of Chef G and her amazing fight for justice.

olving but male pride and male dominance of the company and kitchen meant that their egos were more important to them than common sense,in reality it could have all been sorted over a cup of tea and bunch of flowers...  not a good way to run a business you might think?

Every day for the last year we have supported, encouraged and inspired Chef G to her successful claim,  we never stopped believing in her case and her amazing fight for justice,  she is a truly remarkable and inspiring woman and it has been a total pleasure to have her as our member.Her courage has inspired everyone around her and will now act in encouraging more women to come forward and seek justice for how they are treated at work and what she has done will be remembered here at Unichef for many years to come.


Unichef has shown once again that justice for UK chefs is very possible. Our chefs have a strong and powerful Union that is prepared to stand up and fight for their rights and success is there for those that seek it.

 

 

Yet again more calls for a cut in VAT for the Hospitality industry but once again the Chancellor isn't buying it ..but why ?

Government thought shave always been that ours is a "luxury" industry.If people do with less giong out and pubs and Restaurants struggle or even quit,then it no big loss,the industry can well manage with less and the jobs will be absorbed into other things.

Its believed that a VAT cut for Hospitality would indeed be more harmful to the UK economy than helpful to the industry.

The "eat our to help out" scheme proved this and the Economy has yet to recoup billions given in Furlough during the pandemic" a lot of which was fraudulently applied for by unscrupulous pubs and restaurant owners.

Therefore the Government isn't rushing into giving more help for an Industry that has squandered support in the past.

As Unchef has said all along,that the industry really is too big,with too many mediocre pubs and restaurants,churning out mediocre food,too many "brands" too many "filling stations" out to make a quick buck,too many that treat staff badly,pay poorly and overwork to exhaustion.

We have said consistently that the Industry needs to look at itself in the mirror and face the challenges that is in front of them and realise that a cut in VAT would only be a "sticking plaster"over a huge wound that has opened up since the Pandemic.We knew it was always going to be this way so why couldn't they see it ?
 

Quarter of hospitality businesses have no cash reserves, study finds

WWW.THECATERER.COM




A quarter of hospitality businesses have run out of money are trading in a perilous state according to a new report.





 

Lately, we have a series of members complaint all involving TOIL.( Time off in Lieu) With members wishing to know their legal rights revolving around time owing to them though overtime worked.

The answer is quite simple…you have almost NO rights at all where TOIL is concerned as it is a “gentleman’s” agreement between the employer and employee and there are currently no laws that govern TOIL, it is in fact a civil contact between 2 parties, difficult and expensive to prove in court.

Occasionally there may be a written agreement but even then it can get quite complex and often you will find that the employer will dig in their heels, and still refuse you the time off that you are owed, and there is little you can do about it.

So what is the answer to TOIL?

TOIL works fine when it suits BOTH parties and there is an honesty between you but be very very weary of complex time controlled systems that monitor each and every hour that you work over your time and NEVER be in position where substantial amounts of time are ever owed to you or enter into a contract where TOIL is closely monitored.

Our advice will always be this. Stay in control of what is owed to you in TOIL and never be owed more than your kitchen can easily give you back without employing another chef to do your job.

TOIL is one of the few things that is still unregulated so please be very careful with what is owed to you.