Lidl cashier sacked over 17p bottle of water; tribunal upholds dismissal

A long-serving supermarket cashier has lost an employment tribunal challenge after being sacked for drinking a 17p bottle of water during a shift. The tribunal concluded the dismissal for gross misconduct was fair, despite the employee’s claims that he had acted out of dehydration and without dishonest intent.

What happened at the till

The incident took place on July 19, 2024 (ET) at a store where the cashier, Julian Oxborough, had worked for more than a decade. A customer removed a bottle of water from a multipack that lacked a barcode and exchanged it for a barcoded bottle, leaving the original at the till. Later that day, Mr. Oxborough drank from the abandoned bottle and used it to top up his own drink while continuing to serve customers.

Store management discovered the bottle beside the checkout the following day and reviewed CCTV footage. Mr. Oxborough was invited to a meeting, suspended pending an investigation and later disciplined for alleged gross misconduct. During the inquiry he said he had been dehydrated and felt unwell during his shift. He said his own squash drink had been too strong to drink, and that he believed the multipack bottle could be written off because he had previously seen single bottles in the staff canteen without receipts.

When asked whether he had paid for the water, Mr. Oxborough told investigators, "No, I think I may have forgot or can’t actually remember taking it. " He said he had been in a hurry at the end of his shift and had not had the item written off, but denied any intention to be dishonest and described the dismissal as "a huge overreaction. " He also told the tribunal he had been tired, stressed, hot, worried about contracting Covid from his partner and rushing to catch a bus.

Disciplinary findings and tribunal conclusion

The area manager who led the disciplinary process, Karina Moon, told the hearing that Mr. Oxborough had offered inconsistent accounts about whether he had intended to pay for or write off the bottle. She questioned why he had not simply used tap water and noted he had had four days after the incident to come forward voluntarily but had not done so. Management concluded Mr. Oxborough was aware of correct procedures and that there was no assurance the conduct would not recur, leaving summary dismissal for gross misconduct as the only suitable option.

An Employment Tribunal in Southampton later upheld the decision. Employment Judge Yallop dismissed the claimant’s unfair dismissal claim, finding the employer’s process and outcome were lawful.

A Lidl spokesperson commented that the decision to dismiss a long-serving colleague is not taken lightly and that the tribunal upheld the actions as fair and thorough. The spokesperson added that maintaining a consistent zero-tolerance approach to the consumption of unpaid stock is essential to retail operations and ensures clear rules are followed.

Staff welfare and policy implications

The case highlights tensions between strict retail loss-prevention policies and frontline staff welfare. The cashier’s account stressed immediate health concerns and working conditions — dehydration, fatigue and stress — while managers focused on procedure and deterrence of unpaid consumption. The tribunal’s ruling reinforces that employers may lawfully enforce rigid rules on unpaid stock where they have followed proper disciplinary processes.

For employees, the outcome underlines the importance of following internal reporting procedures, including asking for items to be written off or seeking permission from managers when in doubt. For employers, the case signals the legal protection available when disciplinary actions are taken consistently and documented through formal investigations.