CASE UPDATE: Sausage roll anyone?!

As employment lawyers we like to keep up to date with tribunal decisions and feel like we have heard many strange stories over the years, however, a recent case highlights that we can still be surprised by what can happen at work!  Duffy v LNER, is a case that achieved the notoriety of being reported not just in the legal press, but in the mass news outlets too, all for the fate of some sausage rolls….  

Mr Duffy worked in train hospitality for London North Eastern Railway. His dismissal for gross misconduct hinged on a simple but disgusting allegation: he removed two sausage rolls from a bin, reheated them, and served them to passengers! Not discounted sausage rolls. Not “about to be thrown away” sausage rolls. Actual spent time in the rubbish bin sausage rolls.

When challenged, Mr Duffy explained that he had simply been going “above and beyond” for customers.  Now it is not unusual for employers to encourage staff to exceed expectations, however, none are likely to have had this particular interpretation in mind! 

Unsurprisingly, LNER took the view that serving reheated bin food breached food safety rules and might do terrible things to both their passengers and reputation. Mr Duffy was dismissed and brought claims for unfair dismissal and discrimination arising from disability, arguing that his actions were linked to depression.

The tribunal was not persuaded. On unfair dismissal, the focus was not whether the tribunal itself would have dismissed, but whether 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 claims also failed. Although Mr Duffy did have anxiety and depression, the tribunal did not accept that these conditions caused him to retrieve sausage rolls from a bin and serve them 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 businesses and HR professionals, the conclusion in reassuringly mundane beneath the bonkers situation. Follow a fair process, investigate properly, and apply common sense. Going “above and beyond” is admirable, just not when food in a bin is involved.

If you need help with an employment issue, contact our team on 01635 896 336 or email employment@fentonelliott.co.uk

Disclaimer: This summary is for general awareness and insight, not legal or professional advice and readers should seek professional advice for their situation.