Nestlé worker accused of vaping in toilets awarded £22k for unfair dismissal

A Nestle factory employee has been awarded more than £22,000 after an employment tribunal found that his dismissal was unfair.

The employee was dismissed for alleged gross misconduct. The company claimed he had triggered a fire alarm by using a vape device in a disabled toilet, which led to an evacuation and temporary disruption to operations. The employee denied the allegation.

An internal investigation, including a review of CCTV footage, concluded that he was responsible for setting off the alarm. Smoking and vaping were prohibited on site, and the employer treated the incident as a serious breach of health and safety rules.

The tribunal accepted that the employer genuinely believed the employee had caused the alarm. However, it ruled that the dismissal was unfair because the decision was largely influenced by his refusal to admit wrongdoing and apologise, rather than the incident itself.

The employee had been absent from work for over a year due to mental health issues and had only recently returned on a phased basis before the incident occurred.

During disciplinary proceedings, he denied vaping at work, though he acknowledged occasional use outside of work. The employer concluded not only that he had caused the alarm but also that he had been dishonest during the investigation. It cited safety concerns, operational disruption, and a breakdown in trust as reasons for dismissal.

However, evidence presented at the tribunal indicated that the outcome might have been different had the employee admitted fault and apologised. A separate case involving another worker who committed a different safety breach resulted only in a written warning after that individual apologised. Judges determined that this reasoning fell outside what would be considered reasonable responses by an employer.

The employee was awarded £22,216 in compensation, although this amount was reduced by half due to his partial responsibility for the situation.

The tribunal criticised the employer’s handling of the employee’s long service, noting that it should have been treated as a mitigating factor rather than a reason for harsher treatment. The absence of prior disciplinary issues was not given sufficient weight.

Additionally, the tribunal observed that while vaping was banned, there was no clear policy stating that doing so would amount to gross misconduct or justify dismissal.

This case serves as a reminder of consistency in how similar cases are handled as unequal treatment could raise concerns about fairness or discrimination. Should you have a disciplinary matter requiring support contact 121 HR Solutions at enquiries@121hrsolutions.co.uk.

Nestlé worker accused of vaping in toilets awarded £22k for unfair dismissal

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