WORKERS left jobless when an iconic Glasgow music venue closed are urging the landlord to get round the table and help them reopen - after winning a legal claim against their former employer.
They say their decision to pursue an action against the 13th Note’s parent firm Javacrest Limited has finally been vindicated after a tribunal ruled staff should be paid 90 days wages after the firm breached employment law.
The sum was the maximum amount the judge was able to award against the liquidated firm, with the money likely to come via the government-run Redundancy Payment Service.
The sudden closure of the Merchant City bar came last July, just three days after a strike that saw staff become the first in their sector to take formal industrial action in Scotland for more than two decades.
More than 20 employees at the King Street venue lost their jobs when owner Jacqueline Fennessy suddenly pulled the plug in the middle of a bitter long-running dispute over pay and conditions.
She claimed industrial action taken over busy weekend periods had forced the business into an unsustainable position – and then locked the doors for the final time on July 18 without notice.
READ MORE: Glasgow 13th Note workers win tribunal claim
Workers began legal proceedings on the back of the shock closure, as well as hatching a plan to reopen the venue through an innovative community ownership scheme.
Nick Troy, a former chef and now lead Unite rep for the 13th Note, says the tribunal’s decision sends a strong message to the other firms operating in the hospitality sector.
He said: “This is vindication for us and the money will be a huge help to everyone involved, many of whom have struggled since the 13th Note was lost. We want this to bring change across the hospitality industry, one which is vital to the vibrancy of Glasgow, and for people to realise that staff working in hospitality just aren’t going to tolerate being treated like second class citizens any longer.
“We now want to press ahead with our plans to reopen and rebuild its reputation as one of the city’s top music venues. We have a plan where people will be paid a proper real living wage for an honest day’s work - and we want City Property bosses to work with us to make that happen.”
READ MORE: Workers at 13th Note bar in Glasgow act as 'last resort'
Nick says control of the lease should now be up for grabs and he is keen to sit down with City Property to try and breathe new life into the 13th Note.
He added: “We have a dream of rebuilding what is an important part of Glasgow’s music scene. Everyone knows of the 13th Note and, as the people who worked there, we believe we are best placed to restore it to a ‘go-to’ place in the city once more.”
Unite general secretary Sharon Graham said the tribunal’s decision showed that workers were justified in fighting to protect their rights.
She added: “The ruling is complete vindication for the workers who unionised in the face of shocking conditions which saw the venue shut by environmental health. We must continue to hold bad employers to account.”
On the day the redundancies were announced, Ms Fennessy was due to meet with Unite reps and conciliation service ACAS to discuss a positive resolution to the dispute. Instead, 13th Note’s leadership issued a press release to the media confirming the closure of the workplace before informing staff – a move which was yesterday deemed to have been illegal.
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Unite says it will support the workers in their bid to reopen the bar.
Unite lead organiser for the hospitality sector, Bryan Simpson, said: “The successful tribunal claim of 13th Note's workers came after they were made redundant without notice, in what was one of the most shocking examples of trade union victimisation Glasgow has seen.
“Let this serve as a warning to unscrupulous hospitality employers everywhere; your workers will win justice and Unite will have their back.”
Nick added: “When it came to sacking us, the company didn’t even have the decency to inform us first, instead issuing a press release to the media before telling the workers that they had lost their jobs.
“With justice served, we can now turn our focus to taking the venue back into workers’ hands so that Glasgow has a unionised bar and music venue that pays and treats its workers with respect.”
The Glasgow Times approached Ms Fennessy for comment but received no response.
A spokesperson for City Property said: "City Property Glasgow (Investments) LLP (CPGI) is currently in advanced negotiations to lease this vacant property to an existing tenant who is expanding their business.
"We are not aware of being approached by the former staff of the 13th Note, either directly or via our agents.
"We would however be happy to identify any alternative suitable premises within our portfolio and ask that the group contact us should they wish to discuss their proposals.”
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