David Glover, 49, was found guilty of gross misconduct over a series of incidents within a few days at the Ross-shire Club in Dingwall in December last year, including the X Factor episode where it was alleged he threatened to smash the TV if the channel wasn’t switched back.
An Inverness employment tribunal also heard he had turned on an elderly club member on the Monday night five days earlier, swearing at him and telling him to shut his mouth after he had complained about not getting a seat because of the whist night in the bar.
Two days later, while off duty, Mr Glover had raised his hand and made to grab another club member Stephen MacLennan, who he had been drinking with. The two sorted out their differences a short time later.
Three days later on Saturday December 13, he refused to pay the extra 10 pence for a pint of beer and swore at the barmaid when she took the pint she had poured for him and told him he would not get it until he paid the new price of £2.50. He complained the new price was not shown on the pricelist but eventually paid.
A short time later, barmaid Judith MacDonald was asked to change the TV channel by members to watch the X Factor finals. Mr Glover, who had been standing with his back to the TV complained loudly and instructed her to turn it back to the original channel. She told him he hadn’t been watching television and claimed he gave her further abuse and made threats towards the TV set. Another member intervened and told him not to speak to her in that way. Mr Glover then turned on him telling him to “mind his own f***ing business”. The club committee decided he should be dismissed and cancelled his club membership.
Mr Glover, of Simpson Place, Dingwall, admitted arguing with Mrs MacDonald over the price of the beer to make the point about the pricelist not having been changed. He could not remember the TV incident but insisted he did not threaten to smash the set if Mrs MacDonald did not change the channel back. He also admitted swearing at the elderly member in his 80s at the end of the whist evening and raising his hand to Mr MacLennan.
The tribunal ruled his dismissal was automatically unfair as the club had completely failed to follow the correct procedure.
However the tribunal, led by employment judge Flora Carmichael added: “In our opinion the claimant brought about his dismissal in consequence of the repeated incidents in short order of his aggressive behaviour and foul language to both club members and a fellow employee. In a social club to which members went to relax and enjoy themselves, such behaviour was unacceptable and not tolerable, and could, if allowed to continue, have a seriously adverse effect on the membership of the club.”
As he had caused his dismissal, the tribunal limited his award to £409, including outstanding holiday pay.
