A SACKED restaurant worker has been awarded £19,000 after being dismissed for “playing mobile games during working hours”. 

The employee, named during the tribunal only as “Mr Tsang”, had been working at the Spoons World Buffet and Bar in Basildon town centre before he was unfairly dismissed. 

His claims were heard at an employment tribunal in London on April 4, with the report published this week concluded “there was no fair reason for dismissal”. 

Mr Tsang told the hearing that in August 2017 he received a text asking him if he could visit the restaurant to be given a letter and pay for his previous week of work. 

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The following day he received a text message telling him his employment had stopped due to serious misconduct, and he should check his email for the termination letter.

The letter specified that the claimant had committed several acts of misconduct, including playing mobile phone games at work. 

The letter stated reasons for dismissal where: “Playing mobile phone games during business hours, frequently late for work and leaving work early, allowing to have breaks at prohibited times, allowing staff to consume prohibited foods, giving wrong information to staff about last entry time, reducing restaurant seating covers without company authorisation, and huge sales drop since April 2017.”

The letter made no reference to any prior warnings made to Mr Tsang.

Mr Tsang said there was no meeting to discuss this, nor was he provided with any evidence of the allegations.

He added the respondent had already determined the outcome of any appeal and for this reason he did not make a formal request for one.

The employment tribunal agreed with the claimant and find there was no process of any previous warnings.

The tribunal outcome stated: “I accept the claimant’s evidence and find there was no process of any sort and there were no previous warnings .

“I also accept his evidence on this point (the appeal), and there was no valid right of appeal.”

To conclude the case, it was found the claimant had no grounds for the dismissal and the claimant was award £19,013.

Spoons Basildon Ltd was contacted for a comment but did not respond.