Unfair dismissal? Employee serves binned food to customers

Every so often, an employment law case comes along that reminds us that real life is far stranger than any training scenario.

Duffy v LNER

Mr Duffy worked in train hospitality for London North Eastern Railway. His dismissal for gross misconduct hinged on a simple but unforgettable allegation – he removed two sausage rolls from a bin, reheated them, and served them to first-class passengers.

When challenged, Mr Duffy explained that he had merely been going “above and beyond” for customers.

Unsurprisingly, LNER took the view that serving reheated bin food breached food safety rules and might have bad consequences for both passengers and the brand reputation. Mr Duffy was dismissed.

Mr Duffy brought claims for unfair dismissal and discrimination arising from disability, arguing that his actions were linked to depression.

Was this unfair dismissal?

The tribunal was not persuaded. Had LNER had acted reasonably? It had investigated thoroughly, reviewed CCTV footage, gathered witness evidence and listened to Mr Duffy’s explanation. Having concluded that he had indeed served bin food to customers, dismissal for gross misconduct comfortably sat within the range of reasonable responses.

The discrimination claim fared no better. Although Mr Duffy did have anxiety and depression, the tribunal did not accept that these conditions excused his decision to serve food from the bin to paying customers. There was no sufficient causal link between disability and conduct. Even if there had been, protecting customer safety and avoiding national headlines about “railway bin cuisine” would have been strong grounds for justification.

For HR professionals, the lesson is reassuringly straightforward beneath the absurd facts. Follow a fair process, investigate properly, and apply common sense.

Further reading

• Peter_Duffy_v_London_North_Eastern_Railway_Limited_2502343-23_Reasons
• Unfair dismissal – Dismissals – Acas