There's no such thing as a 'free lunch'

The Industrial Tribunals in Belfast recently considered a case where a café worker was dismissed on grounds of ‘gross misconduct’ for contravening a workplace policy which permitted staff to a free lunch, tea and coffee with items such as drinks and confectionery available at a discounted rate. 

The policy was displayed in the workplace and required: ‘Payment must be made to another member of staff before you eat or drink it at the point of taking the item. The taking of food items that does not follow with this policy will be treated as gross misconduct’

On the date in question, the claimant took a drink from the fridge, spoke to another member of staff and offered payment.  The staff member was busy with a customer and, as the claimant did not have the correct change, it was agreed that the drink could be paid for later.  The claimant returned to her work after her break and was confronted by the respondent. 

The claimant stated that she had paid for the drink until the other staff member confirmed the position, at which point the claimant paid for the drink.

The Tribunal found the taking of the drink constituted misconduct.  They further found that lying about in constituted misconduct.

There were then a number of factors which led the Tribunal to the conclusion that the claimant’s dismissal was unfair including the fact that the policy has not been clearly highlighted to the claimant. 

The new policy should have been sent to each employee individually. It was incumbent on the employer to ensure that each employee was aware of the new policy and the sanctions for failure to follow the procedure.

That said, the Tribunal considered the conduct of the claimant was a contributing factor in reducing their award by 50% to £1,369.75.

When did you last review your workplace policies?

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