Good Beer Hunting

Bark and Bite — BrewDog Rep Using Legal Maneuver to Unmask Victims and Their Stories

Update April 2: What early this week was described as a “pause” in discussions between workplace consultancy Hand & Heart and BrewDog appears to now be a complete break. In response to a letter BrewDog sent Hand & Heart founder Kate Bailey dated March 31, Bailey issued a statement on April 1 that indicates “there is no discussion to return to” with BrewDog regarding the Affected Workers Platform.

BrewDog did not make its letter to Bailey public as of this time and declined to comment for this story. Bailey writes that BrewDog’s letter accused her of “misleading platform participants, encouraging malicious intent, coercion, [and] breach of guidelines.” The original story appears below:

THE GIST

On March 30, hospitality consultancy Hand & Heart announced that a representative from BrewDog is using legal means to seek information related to stories of alleged workplace misconduct at the global brewing company.

In her statement, Hand & Heart founder Kate Bailey intimates that the information requested would come from its Affected Workers Platform (AWP), which was launched in February by the consultancy in conjunction with a group of former BrewDog employees called Punks With Purpose. Hand & Heart says the request for information was issued on March 25 by an individual representative of BrewDog.

Bailey declined to specify exactly what legal means the person used, saying that the individual “exercised a personal right to seek information from the platform.” Under the European Union’s General Data Protection Law, a person can request details related to how their personal data is stored and/or shared by a company. If the filing is successful, the concern is that information related to the person who requested it could potentially include names, contact information, and stories that were shared under the assumption they'd be kept private on Hand & Heart’s platform.

BrewDog has been under intense public scrutiny in recent months as former employees have spoken out about negative experiences working for the company, and UK-based media including the BBC and The Guardian have released investigations into the behavior of the company and its co-founder and CEO, James Watt. Allegations have focused on what former employees describe as BrewDog’s toxic and misogynistic company culture. 

An attempt by a BrewDog representative to gather information and details from the AWP represents the antithesis of what the platform was designed to be: a safe, third-party means by which to collect accounts from former and current BrewDog employees. It also appears to undermine the discussions BrewDog has had with Hand & Heart, on behalf of Punks With Purpose and other former employees, since late February. 

Bailey declined to name the person who initiated the request. She would not say whether it was James Watt, who has hired private investigators to intimidate and gather information on former BrewDog employees, according to reports from The Guardian.

In a statement, Hand & Heart says it will be “responding with the full extent of whatever legal recourse is available.” Bailey also says Hand & Heart has, for now, ceased discussions with BrewDog regarding a potential resolution with former employees registered through the AWP. 

Through a spokesperson, BrewDog declined to answer questions related to Bailey’s announcement. A statement read, in its entirety: “We are seeking to engage with Hand & Heart in good faith on a confidential basis, and we hope Hand & Heart is too. It is of course a concern if information is being leaked to the media while those conversations are ongoing.” Watt did not respond to a LinkedIn message requesting an interview and answers to questions.

WHY IT MATTERS

Bailey said in her statement that the request for information from the BrewDog representative “has contradicted the ‘good faith’ discussions and the intentions the company expressed.”

She contrasts the actions of this person, which she says could jeopardize a resolution with employees, with the actions of other BrewDog leaders, which she says has made it clear they are seeking reconciliation. Bailey calls it “two totally different approaches to the same thing.” 

One former BrewDog employee says the idea that BrewDog would obtain information about the AWP leaves her disappointed and frustrated. 

“This feels like another form of intimidation,” says Alexis Caldwell, who worked as a regional events sales manager at BrewDog USA in Ohio from 2018 to 2021. “They [BrewDog] tend to bring the lawyers out, and there’s a lot of fear behind that. Now there’s another element of being scared to speak out.”

Caldwell says she’s been in contact with current and former employees who view the AWP as a protected means to highlight experiences they felt could not be shared directly with BrewDog for fear of losing their jobs or being the target of legal action. Now, she says, there’s a threat that the neutrality of this platform could be compromised. 

“Every step of the way, I really tried to view this through the lens of ‘this company is really trying to do something to make it better.’ It’s very hard for me to look through that lens anymore,” Caldwell says.

She says Watt’s allegations that some former employees are part of “a criminal mission” to destroy BrewDog, and his use of private investigators and lawyers, is especially daunting given that most former or current BrewDog employees don’t have access to the same high-caliber (and costly) legal resources. 

“If you look at BrewDog as a company with employees in the thousands, most of them are in production and hospitality. These are people who can’t afford legal defense,” Caldwell says. “It feels incredibly malicious.”

Hand & Heart has vowed to use legal resources to, where permitted, block the individual’s request to obtain access to the AWP. 

Bailey says that for legal reasons she cannot say how many people registered through the AWP, but called the number “substantial.” She says the submissions, on the whole, “allege widespread toxic cultures especially related to misogyny and discrimination, poor and under-resourced management, managerial misconduct, retaliation and retribution, harassment, bullying, compliance, and breach of duty, and some allegation of [occupational health and safety] violations.”

Bailey says Hand & Heart has been given a timeline to respond to the request for information, though she didn’t specify what that timeline is. 

In closing her statement, Bailey asked readers to “recognize BrewDog company social platforms are not spaces to enter into and be abusive. These workers are not responsible for the actions of their leadership team.”

Words by Kate Bernot