Man awarded £22,000 after being sacked for allegedly vaping in toilets
Summary
Luke Billings, a former Nestle employee of 11 years, was awarded £22,216.72 after a tribunal found his dismissal for alleged gross misconduct to be unfair. He was accused of triggering a fire alarm by vaping in the disabled toilets, leading to staff evacuation and production disruption. While CCTV footage was presented as evidence, Billings denied the allegation, stating he only vaped at home on weekends. The tribunal acknowledged the investigation was conducted correctly but deemed the dismissal disproportionate, especially as an apology would have prevented it, according to the disciplinary officer. Furthermore, inconsistent treatment compared to another employee who committed a health and safety risk contributed to the unfairness, though the tribunal found the differing response was due to the other employee's admission and apology. The tribunal determined that failing to apologize or accept responsibility did not constitute misconduct.
(Source:Wales Online)