Can my boyfriend be sacked for using company car?

[bathsdays]

My boyfriend is a store manager for a fast food chain.
Now they treat staff appalling which is why they have such a high staff turnover.
He has been the manger for 3 years.
It's a 25 min drive away.
They have him doing store opens at 9am and closing at 1am following day.
He works around 80 hours a week.
With most being 18 hour shifts.
His car broke 2 months ago.
He asked a higher member of the team could he use one of the cars (the shop has 5 clapped out cars which are about 18 years old ) so he can get home after closing the shop.
The latest close is 5 am and earliest is 2am.
Taxi would be over £30
Anyway she said yes (I seen message )
Now they are saying nobody agreed and have organised a meeting with HR to discuss his honestly and if he can continue being manager .

Il just add he has had ill health and on his return to work it was signed off that he would never do a close at work.
They then made him do the closes
Also 2 other managers (who are friends with senior management are driving Round in cars)
And a former store manager has just got a job as area manager and he can't drive (the job is for drivers only)
So they are paying for his driving lessons.

A few weeks ago my boyfriend got a text from a friend who manages another store who said he heard he was being replaced by another store manager (who happens to the ceo of the company's wife's brother )
HR is made up of her two sisters
I don't trust them at all
This is a big company as well

Can he loose his job here?

Lawyer up c take them to employment court over unfair dismissal.

Sounds like a pool car rather than company car.

That means any commuting done in it would be a taxable benefit, pool cars are only for business use.

But, if he has permission to use it for commuting then it wouldn't be a disciplinary - if they did sack him he could go to a tribunal.

How does he oh for this?

Pay

They have sacked him but not for that
Last weekend a guy knocked on the door after it was delivery only and demanded food
He said no and he started banging on door
20 mins later after driver was taking food the guy jumped him
They are saying he should have stopped the driver going out and should have checked coast was clear
They have cctv outside but it's not set up
They have said he is a weak manager because he's staff are leaving.
I'm so angry on his behalf
He's so upset

Are they able to do this ?

Is he in any sort of union or do you have legal cover on your home insurance?

No it doesn't sound like a viable reason for firing someone.

They said they should of insisted his staff worked the hours they were told

He isn't in a union unfortunately no

Why put up with being treated badly and paid below MW? There are currently more vacancies than people wanting jobs in hospitality, he could walk into another job tomorrow.
Take them to an employment tribunal for paying below MW.

I'm so upset for him.
He's worked so hard
I'm honestly just so angry and he won't fight it
He said it is what it is
He was crying -so that set me off crying too

He cannot be fired for doing something they allow another member of staff to do.

Yes he can be. It may not be "fair" but what they allow someone else to do, or what someone else does, has no bearing in employment law terms. His defence has to be that he had permission and that he can prove it. If he still has the text message that thing is valuable - do not lose it or delete it. And he needs to get another job, whatever happens. It is much much easier to dismiss someone than most people think it is, and from your post here I'd say his cards are marked. If you still have evidence to prove it, then you might be better off hoping they sack him for something you can prove is wrong - that way he has a chance of some possible claim. Employers do not need evidence to dismiss someone, they only need "reasonable belief" and that is a very low bar.

Sorry - I missed the update. I have bronchitis and my head is in a tail-spin!

I think this proved my point about evidence etc, but...

Tell him to start a claim for unfair dismissal immediately. BUT before he does that ask for written reasons for dismissal (the law says he is entitled to them) if they haven't already given them, to stop them from changing the grounds again. Then when he has those in hand, if that is what they say, this is a performance cause and they would have to be able to show that they had addressed his performance "failure" with him and given him a chance to improve to set standards. He has vaild cause to claim.

Don't get your hopes up as tribunals don't routinely give out the sort of money anyone thinks they do - it will probably never get as far as a tribunal as they may well settle (many do). But he might get a small payout as compensation and that's going to help - plus he can say he was unfairly dismissed.

He needs to make the claim via ACAS and if the employer admits it and offers reinstatement he needs to refuse on the grounds that trust and confidence has gone. If you want any advice to do this just PM me and I'll do what I can to help.

He has said now he wouldn't go back after how they've treated him
I don't blame him at all

If his total fixed pay divided by the number of hours actually worked is less than NMW then by law they have to make up the difference. They would be breaking the law otherwise.

How long has he been there?
Less than 2 years and they can just get rid of him

I know it's worrying right now but hopefully he will find something better. 80 hour weeks are ridiculous.

He should speak to ACAS.

And start looking for alternative work, retail are crying out for good experienced staff so he shouldn't have too much trouble. Aldi pay well, £11 per hour entry level but try all the big chains.

This honestly sounds like a win. It sounds like was going to struggle to quit this dreadful, exploitative job but they've cut the cord for him. He can now go and find something for more money for less hours, where he isn't being taken advantage of. I understand the upset, but really, a company who behaved shittily on a daily basis behaved shittily once more - it shoudln't have been a surprise.

Look at it this way , who else are they going to get to work those hours for that salary ?

Missed the update as well

I'd say he's got grounds for unfair dismissal anyway

He has been with the company 5 years now

Speak to ACAS and document hours worked versus pay, screen shot messages etc. I hope he finds an employer who will appreciate him and help him thrive. Lots of places are taking on seasonal workers so great time to find a job and a chance to shine.