Worker Wins £22,000 for Unfair Dismissal Over Vaping Allegation

A Nestle factory worker has prevailed at an employment tribunal after being dismissed over a safety incident. The claimant argued his dismissal followed a period of sick leave and amounted to unfair treatment.

Case background

The factory was evacuated and production stopped while safety checks took place. Staff did not return until officials deemed the site safe.

The disciplinary officer dismissed the employee for breaching health and safety rules. The officer also cited loss of trust, suspected dishonesty and lost production as reasons.

Employee history and appeal

The claimant, Mr Billings, had worked at the site for more than ten years. He had returned to work on a phased basis after a year-long absence for depression.

His sick leave ran from June 2022 to August 2023. He appealed the dismissal, but the appeal was rejected by the employer.

Alleged inconsistent treatment

Mr Billings pointed to a colleague who stored a washbag of clothing in an area that houses a fire hose. That colleague admitted the health and safety risk and apologised.

The colleague received a final written warning at a separate hearing and kept their job. Mr Billings said this showed inconsistent treatment linked to his time off for depression.

Tribunal findings

The tribunal rejected the disability discrimination claim. Panel members found the less favourable treatment resulted from the claimant not admitting culpability or apologising.

They concluded the dismissal was not motivated by the claimant’s disability. However, the tribunal found the dismissal unlawful for other reasons.

Unfair dismissal ruling

The panel held the decision to dismiss fell outside the range of reasonable responses by an employer. As a result, the unfair dismissal claim succeeded.

The employer had said the claimant could have avoided dismissal by apologising. The tribunal disagreed that this justified the response taken.

Compensation and orders

Nestle was ordered to pay £22,216.72 in compensation to the claimant. The award was roughly £22,000 and included reimbursement for lost earnings.

The company must also repay earnings the claimant would have received the following month. The tribunal’s decision sets out the full remedy.

Reported by Filmogaz.com.