Employment vs personal. A legal question.

[tigertim20]

OK theoretical question.
Lets say a person called Nigel works at a restuarant/bar. Nigel is a chef.
Nigel works in the restuarant that is attached to the bar, two seperate areas, but the same business none the less.

Nigel goes out one night (he is not working, he is simply out for a few beers.)
During the course of the night, a staff member who he works with when he is working, is working in the bar. Lets call this person 'slutbag'

During the course of the evening, Nigel gets a tad drunk.

Nigel says to slutbag 'fuck off'.

They decide that Nigel is drunk, so they cut him off from the bar. no other altercation or anything occurs, and later Nigel leaves with his friends.

Heres the question.
When Nigel comes into work for his next shift a few days later, does slutbag have any grounds (other then personal/moral) upon which to reprimand Nigel at work?

My thinking is that, at work, during work hours, normal workplace codes etc etc would apply, but that if Nigel had NOT been working at all that day, and he was purely on the premises as a patron, his actions can ONLY be responded to as they would if it was any other patron.

Am I correct on assuming that slutbag cannot give Nigel a warning at work etc, and that this incident falls OUTSIDE os his work contract and obligations?

[DrunkenMistake]

SLutbag needs a good tapping, and Nigel isnt the man to do it,


What have you done now Tim? I dont recall you working as a Chef.

[Oakie]

Nigel is on thin ice I believe.

[DrunkenMistake]

Nigel is on thin ice I believe.

yeah Im pretty sure it doesnt matter if you are working or not,
You are employed by that establishment .

[kiwi cowboy]

OK theoretical question.
Lets say a person called Nigel works at a restuarant/bar. Nigel is a chef.
Nigel works in the restuarant that is attached to the bar, two seperate areas, but the same business none the less.

Nigel goes out one night (he is not working, he is simply out for a few beers.)
During the course of the night, a staff member who he works with when he is working, is working in the bar. Lets call this person 'slutbag'

During the course of the evening, Nigel gets a tad drunk.

Nigel says to slutbag 'fuck off'.

They decide that Nigel is drunk, so they cut him off from the bar. no other altercation or anything occurs, and later Nigel leaves with his friends.

Heres the question.
When Nigel comes into work for his next shift a few days later, does slutbag have any grounds (other then personal/moral) upon which to reprimand Nigel at work?

My thinking is that, at work, during work hours, normal workplace codes etc etc would apply, but that if Nigel had NOT been working at all that day, and he was purely on the premises as a patron, his actions can ONLY be responded to as they would if it was any other patron.

Am I correct on assuming that slutbag cannot give Nigel a warning at work etc, and that this incident falls OUTSIDE os his work contract and obligations?

My understanding is definatly not but assuming slutbag is senior to Nigel as with alot of work places with small numbers slutbag can make things very uncomfortable for Nigel.
Was it an offical oral warning?.

[Zamiam]

It shouldn't impact on Nigels work BUT unfortunately the system thinks otherwise. People have got in the shit for slagging their boss off on Facebook so I suspect same bullshit logic would apply. Regardless Nigel was a tad stupid to do what he did

[Winston001]

Am I correct on assuming that slutbag cannot give Nigel a warning at work etc, and that this incident falls OUTSIDE os his work contract and obligations?

Essentially yes. Nigel's work does not involve him interacting with customers so his behaviour in his own time is unlikely to impact on his employers business.

However, do not make the mistake of thinking Nigel can do anything he likes no matter how bad or distasteful. If he drew public attention and was identified as the chef at this business, he may very well harm it which would affect the employment relationship. Eg. identified as an IV drug user = hepatitis, AIDS etc.

Plenty of people have lost their jobs because of silly things they've done or said outside work. Tony Veitch for one.

[kiwi cowboy]

yeah Im pretty sure it doesnt matter if you are working or not,
You are employed by that establishment .

Why?.

He haddent worked at all that day and was there in the capacity souly a patron not employee.

[Zedder]

Tell "Nigel" to look up russellmcveagh.com there's a section on out of hours behaviour.

[Mully]

Wait, so you, I mean Nigel, report to Slutbag?

And you, I mean Nigel, told her to "fuck off"?

On the work premises?

Where you, I mean Nigel, was intoxicated?

*facepalm*

[DrunkenMistake]

Wait, so you, I mean Nigel, report to Slutbag?

And you, I mean Nigel, told her to "fuck off"?

On the work premises?

Where you, I mean Nigel, was intoxicated?

*facepalm*

Please,
Tim cant cook, I doubt hes a chef

[Virago]

Why?.

He haddent worked at all that day and was there in the capacity souly a patron not employee.

That's hardly the point. You can't go to your workplace as a customer and abuse the management, and expect to get away with it.

It's no different to seeing your own boss in the pub, abusing the fuck out of him, and expecting it to be all sweetness and light on Monday morning.

Under the circumstances, I think he should get a verbal warning, and politely requested to do his off-duty drinking elsewhere.

[Mully]

Please,
Tim cant cook, I doubt hes a chef

Who is Tim? I thought we were discussing Nigel...

(actually, I thought it was a hypothetical workplace)

Still hilarious either way.

[DrunkenMistake]

Who is Tim? I thought we were discussing Nigel...

(actually, I thought it was a hypothetical workplace)

Still hilarious either way.

I dont even know who he is talking about, Thought it was to do with his wife,
but nope..

[DrunkenMistake]

That's hardly the point. You can't go to your workplace as a customer and abuse the management, and expect to get away with it.

It's no different to seeing your own boss in the pub, abusing the fuck out of him, and expecting it to be all sweetness and light on Monday morning.

Under the circumstances, I think he should get a verbal warning, and politely requested to do his off-duty drinking elsewhere.

+1, If you can get your balls chopped off for talking smack about your workplace on the likes of facebook, then its no different in person infront of customers.