Cafe worker loses sacking case over a cut-price meal

May 9 2008

A CARLUKE woman sacked for under-charging her husband for a can of beer and a tuna toastie last week lost her unfair sacking claim.

The catering assistant at the New Lanark World Heritage Site — fired for undercharging by 90p — has now been ordered to pay £1000 expenses.

Ellen Lafferty from Carluke was dismissed after serving her husband with a can of beer, worth £2.50, and a toastie, worth £1.40, at the Mill Pantry in the New Lanark Visitor Centre. She charged him £3 instead of £3.90.

A Glasgow employment tribunal heard a colleague reported that Mrs Lafferty had served her husband but hadn’t received any money. The till roll was examined and a £3 transaction was found.

At an interview, Mrs Lafferty confirmed her husband had a can of beer and a toasted tuna sandwich and paid £3 cash. She became extremely annoyed and stormed out of the meeting, stating she was unwell as questioning continued.

Mrs Lafferty went off sick from work and submitted a grievance complaining “her husband was extremely angry at being labelled a thief “ and she wanted proof that he did not pay for the items.

Her grievance was not upheld. She was then advised she faced a disciplinary hearing.

She replied, saying: “Where is my compensation?” She also said: “I want a five-figure sum. Could you also send me my bottle of wine, no don’t bother, it is rotten anyway.

“I will answer your letters at the end of the week as I have been busy Christmas shopping. Have you got yours in yet or are you too busy working full-time for New Lanark?”

Her letter concluded “So you are thinking about sacking me. Go for it.”

Mrs Lafferty said she was unable to attend a disciplinary hearing at New Lanark as she had no transport.

She was dismissed for gross misconduct by deliberately undercharging her husband.

The company operate a zero tolerance policy in relation to dishonesty.

An appeal hearing was arranged, but she demanded New Lanark should arrange transport for her. They refused, but offered to reimburse bus or taxi expenses.

She responded the meeting should be held in Carluke and there was excellent public transport between Lanark and Carluke. Her letter ended: ”If you are not coming to Carluke for a meeting there will be none. I offered you everything in my letter.”

At the tribunal, Mrs Lafferty said she charged her husband only £3 for the beer and the tuna toastie.

She said it was a “fair price”.

However, the tribunal ruled her dismissal was fair. The tribunal were also of the view it should have been obvious there was a serious case for her to answer.

Tribunal judge Stewart Watt said: “It is obviously for an employer to decide what charges are fair. The discounted price for this item of food was £1.40. Mrs Lafferty charged 50p. She accepted that.”

As well as rejecting her unfair dismissal claim, the tribunal ordered Mrs Lafferty, of 82 St Lukes Avenue, Carluke, to pay £1000 to New Lanark Trading Ltd’s expenses defending the claim.