Barna Farkas v Compass Group, UK and Ireland Limited OPEN PRELIMINARY HEARING By CVP — 2025

Barna Farkas was employed by Compass Group, UK and Ireland Limited as a Commis Chef from 9 May 2022 until his dismissal on 8 October 2024. The dismissal followed disciplinary action over food hygiene and cross-contamination concerns, including a February 2024 matter that resulted in a level 1 recorded warning after appeal and a September 2024 incident in which raw meat was found in a kitchen area next to ready-to-eat food. The claimant accepted during the disciplinary process that he had made mistakes, that there was no excuse, and that he had acted contrary to procedures.

The tribunal refused the claimant's application to amend the case to add protected disclosure and automatic unfair dismissal allegations. Applying Selkent and Abercrombie, it held that the amendment would add a new claim at a very late stage, shortly before the hearing, and would cause substantial prejudice and delay. The case therefore remained one of ordinary unfair dismissal only.

On the merits, the tribunal found that the respondent had shown the reason for dismissal was gross misconduct and applied the Burchell approach. It held that the respondent genuinely believed the claimant was guilty of misconduct, had reasonable grounds for that belief, and carried out a reasonable investigation. The tribunal accepted that the claimant had admitted the relevant errors at the time, that the earlier level 1 warning was a relevant factor, and that the employer was entitled to view the conduct as part of a pattern of food safety breaches.

The tribunal also held that dismissal was within the band of reasonable responses under section 98(4) ERA 1996 and Iceland Frozen Foods. It found the investigation and disciplinary process fair and in line with the ACAS Code, including the opportunity to be accompanied and to appeal. The claimant's allegations of other food hygiene breaches were investigated, but they were not sufficiently specific and did not undermine the fairness of the dismissal. The claim for ordinary unfair dismissal was dismissed.